BNSS §309
Record in summons- cases and inquiries. 1] record.
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Comparison
274. Record in summons-cases and inquiries.—(1) In all summons-cases tried before a Magistrate, in all inquiries under sections 145 to 148 (both inclusive), and in all proceedings under section 446 otherwise than in the course of a trial, the Magistrate shall, as the examination of each witness proceeds, make a memorandum of the substance of the evidence in the language of the Court: Provided that if the Magistrate is unable to make such memorandum himself, he shall, after recording the reason of his inability, cause such memorandum to be made in writing or from his dictation in open Court.
(2) Such memorandum shall be signed by the Magistrate and shall form part of the record.
309.
(1) In all summons-cases tried before a Magistrate, in all inquiries under sections 164 to 167 (both inclusive), and in all proceedings under section 491 otherwise than in the course of a trial, the Magistrate shall, as the examination of each witness proceeds, make a memorandum of the substance of the evidence in the language of the Court: Officer in charge of prison to abstain from carrying out order in certain contingencies. Prisoner to be brought to Court in custody. Power to issue commission for examination of witness in prison. Language of Courts. Evidence to be taken in presence of accused. Record in summons- cases and inquiries. Provided that if the Magistrate is unable to make such memorandum himself, he shall, after recording the reason of his inability, cause such memorandum to be made in writing or from his dictation in open Court.
(2) Such memorandum shall be signed by the Magistrate and shall form part of the record.
What changedAI-inferred
Record in summons-cases.
Old position
CrPC 274 is concerned with Record in summons-cases and inquiries. Record in summons-cases and inquiries
New position
BNSS 309 preserves the framework with drafting modernisations as required by the new code. Topic: Record in summons- cases and inquiries. 1] record.. In all summons-cases tried before a Magistrate, in all inquiries under sections 164 to 167 (both inclusive), and in all proceedings under section 491 otherwise than in the course of a trial, the Magistrate shall, as the examination of each
BNSS 309 (Record in summons- cases and inquiries. 1] record.) preserves the framework of CrPC 274. BNSS 309 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BNSS 309 text: In all summons-cases tried...
Editorial deltaAI-indicated (source-linked)
BNSS 309 (Record in summons- cases and inquiries. 1] record.) preserves the framework of CrPC 274. BNSS 309 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BNSS 309 text: In all summons-cases tried before a Magistrate, in all inquiries under sections 164 to 167 (both inclusive), and in all proceedings under section 491 otherwise than in the course of a trial, the Magistrate shall, as the examination of each witness proceeds, make a memorandum of the substance of the evidence in the...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, CrPC 274 continues to apply. For matters from that date forward, BNSS 309 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BNSS 309 (Record in summons- cases and inquiries. 1] record.). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Code of Criminal Procedure, 1973
- Gazette of India — Bharatiya Nagarik Suraksha Sanhita, 2023
Cite this page
Newlaws.in, CRPC §274 → BNSS §309 Mapping Page, last updated 2026-05-01, accessed 2026-06-14, https://newlaws.in/bnss/309.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
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