Record in trial before Court of Session
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Summary
In a Sessions Court trial each witness's evidence must be written down as the examination proceeds, either by the presiding Judge, by his open‑court dictation, or under his direction by a court officer. The statement is usually taken as a narrative, but the Judge may record any part in question-and-answer form. The written evidence must be signed by the presiding Judge and becomes part of the record.
Example
Rohan is testifying in a Sessions Court theft trial. As he answers, the presiding Judge or an officer under the Judge’s direction writes his evidence in narrative form. The presiding Judge signs that written record and it becomes part of the official case record. If the Judge had preferred, some answers could instead have been recorded as question and answer.
Bare Act
Enacted text(1) In all trials before a Court of Session, the evidence of each witness shall, as his examination proceeds, be taken down in writing either by the presiding Judge himself or by his dictation in open Court or under his direction and superintendence, by an officer of the Court appointed by him in this behalf.
(2) Such evidence shall ordinarily be taken down in the form of a narrative, but the presiding Judge may, in his discretion take down or cause to be taken down, any part of such evidence in the form of question and answer.
(3) The evidence so taken down shall be signed by the presiding Judge and shall form part of the record.
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