Lawgist275Record in warrant-cases
(1) In all warrant-cases tried before a Magistrate, the evidence of each witness shall, as his examination proceeds, be taken down in writing either by the Magistrate himself or by his dictation in open Court or, where he is unable to do so owing to a physical or other incapacity, under his direction and superintendence, by an officer of the Court appointed by him in this behalf:
1[Provided that evidence of a witness under this sub-section may also be recorded by audio-video electronic means in the presence of the advocate of the person accused of the offence.]
(2) Where the Magistrate causes the evidence to be taken down, he shall record a certificate that the evidence could not be taken down by himself for the reasons referred to in sub-section (1).
(3) Such evidence shall ordinarily be taken down in the form of a narrative; but the Magistrate may, in his discretion take down, or cause to be taken down, any part of such evidence in the form of question and answer.
(4) The evidence so taken down shall be signed by the Magistrate and shall form part of the record.
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1. Ins. by Act 5 of 2009, s. 20 (w.e.f. 31-12-2009)
- 272 Language of Courts
- 273 Evidence to be taken in presence of accused
- 274 Record in summons-cases and inquiries
- 275 Record in warrant-cases
- 276 Record in trial before Court of Session
- 277 Language of record of evidence
- 278 Procedure in regard to such evidence when completed
- 279 Interpretation of evidence to accused or his pleader
- 280 Remarks respecting demeanour of witness
- 281 Record of examination of accused
- 282 Interpreter to be bound to interpret truthfully
- 283 Record in High Court
