Chapter XXIII
Section 274 CrPC: Record in summons-cases and inquiries
New Law Update (2024)
Section 297 BNSS
TRIAL COURT
Magistrate's Court
Punishment
Procedural – Warrant / Summons Process
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(1) In all summons-cases tried before a Magistrate, in all inquiries under sections 145, 146, 147 or 148, 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.
Important Sub-Sections Explained
Section 274(1) CrPC
This crucial sub-section mandates that in summons-cases, certain inquiries (like those under Sections 145-148), and Section 446 proceedings, the Magistrate must record a memorandum of the substance of each witness’s evidence as it proceeds. It also provides for a contingency where the Magistrate is unable to do so, requiring them to record the reason and ensure the memorandum is still made, either in writing or by dictation in open Court.
Landmark Judgements
Smt. Ganga Bai v. State of Rajasthan (1996):
The Rajasthan High Court emphasized that the memorandum of evidence under Section 274 CrPC is not a mere formality. The Magistrate has a mandatory duty to record the substance of the evidence, and merely noting ‘evidence recorded’ or recording only a few points without the actual substance is insufficient and can vitiate the trial.
Ram Kishan Vs. The State of Rajasthan (1989):
The Rajasthan High Court reiterated that Section 274 CrPC requires the Magistrate to make a substantive memorandum of the evidence presented by each witness, and this duty cannot be discharged by merely recording questions and answers or a brief summary that fails to capture the essence of the testimony.