Chapter XXIII
Section 276 CrPC: Record in trial before Court of Session
New Law Update (2024)
Section 293 BNSS
TRIAL COURT
Court of Session
Punishment
Procedural – Evidence / Witnesses
Cognizable?
Bailable?
Compoundable?
Bare Act 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.
Important Sub-Sections Explained
Section 276(1)
This sub-section mandates that in all trials before a Court of Session, the evidence of each witness must be recorded in writing either by the presiding Judge himself, by his dictation, or under his direct supervision by an appointed officer, ensuring a proper record of proceedings.
Section 276(3)
This crucial sub-section stipulates that the recorded evidence must be signed by the presiding Judge, after which it officially becomes a part of the trial record, validating its authenticity and legal standing.
Landmark Judgements
State of Rajasthan v. Kishore (1998):
The Supreme Court emphasized the mandatory requirement for the presiding judge to sign the evidence taken down as per Section 276(3), asserting that such signature is crucial for the authenticity and validity of the trial record.
Rameshwar Singh v. State of J&K (1971):
The Supreme Court, in various contexts, has highlighted that evidence must be recorded in open court under the direct superintendence of the presiding judge, reinforcing the procedural safeguards enshrined in Section 276(1) for ensuring fairness and transparency in trials.