Introduction to Section 309 BNSS
Section 309 BNSS is a part of Chapter XXV of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). This section explains how evidence is to be recorded in summons-cases and certain inquiries. It says that a Magistrate must write down the important points of a witness’s statement during a trial. This helps maintain accuracy and fairness during court proceedings. The memorandum becomes part of the official court record.
What is BNSS Section 309 ?
BNSS 309 says that the Magistrate must record a summary of witness statements during summons-cases or inquiries. The record must be written in the official language of the court. If the Magistrate can’t write it, they should clearly state the reason and then dictate the statement openly. The Magistrate must sign the memorandum, and it becomes part of the official court file. This process makes the case strong, fair, and verifiable later in appeals or reviews.
BNSS Section of 309 in Simple Points
1. Applies to Summons-Cases and Inquiries
BNSS 309 mainly applies to summons-cases and inquiries under Sections 164 to 167. Summons-cases are smaller legal cases like minor theft, quarrels, or small offences. It also applies to proceedings under Section 491. The rule makes sure that when a witness gives a statement, the important points are properly recorded. This creates an official written record of the testimony in the language used by the court.
2. Recording Memorandum of Evidence
During the trial, the Magistrate listens to each witness and writes down the key points of what they say. This written record is called a memorandum. It is not the full word-for-word speech but a summary of the important facts. Writing this down helps the court remember what was said during the trial. It also helps lawyers when preparing arguments later. It makes the court record strong and reliable.
3. Language of the Court Must Be Used
BNSS 309 makes it clear that the memorandum must be written in the official language of the court. For example, if the court’s language is Hindi, Marathi, or Tamil, the memorandum must be written in that language. This helps everyone involved in the case to read and understand the evidence easily. It ensures that the official record is neat, consistent, and properly maintained for future use.
4. If Magistrate Cannot Write
Sometimes, the Magistrate may not be able to personally write the memorandum. This could be due to illness, injury, or disability. In such cases, the Magistrate must explain the reason openly in court before dictating the statement to someone else. The dictation must be done in open court to maintain transparency and fairness. This ensures that nothing is hidden from the public or the parties involved.
5. Becomes Part of the Official Record
Once the memorandum is written and signed by the Magistrate, it becomes an official part of the case file. This official record can be used later during appeals or reviews of the case. The Magistrate’s signature gives it legal value. This rule protects the rights of both the accused and the witnesses, ensuring that no changes can be made secretly after the trial. It strengthens the trust in the justice system.
309 BNSS Overview
BNSS 309 ensures that even small cases are handled properly in court. It applies to summons-cases, inquiries under Sections 164 to 167, and certain other proceedings under Section 491. The Magistrate must write a summary (memorandum) of what the witness says in the language of the court. If the Magistrate cannot write, they can dictate it openly in court. This keeps the process clear, official, and trustworthy for all parties involved.
10 Key Points of BNSS Section 309
1. Applies to Summons-Cases
BNSS Section 309 applies to summons-cases tried before a Magistrate. Summons-cases are usually for less serious offences like minor theft, public nuisance, or small financial disputes. In such cases, as the Magistrate listens to each witness, they must make a memorandum of the important parts of the evidence. This ensures that even small cases follow proper legal procedures.
2. Also Covers Certain Inquiries
Apart from summons-cases, this section also covers inquiries under Sections 164 to 167 of the BNSS. These sections generally deal with confessions, statements to police, and remand hearings. It also applies to proceedings under Section 491, which deals with certain specific processes outside the trial. This shows that the rule is wide and covers multiple types of proceedings before a Magistrate.
3. Memorandum Must Be in Court Language
The memorandum of evidence must be written in the official language of that particular court. This helps maintain clarity and uniformity in court records. If the court uses Hindi, Marathi, or Tamil, the memorandum will be in that language. This makes the evidence easier to understand for the court, lawyers, and anyone else reading the record.
4. Magistrate Should Personally Record
Normally, the Magistrate must personally write this memorandum as each witness speaks. This makes the process more reliable because the Magistrate directly notes down what is important. It avoids mistakes that might happen if someone else writes it. This rule helps in making sure that the record is correct and honest, directly from the presiding Magistrate.
5. Exceptions – If Magistrate Can’t Write
Sometimes, the Magistrate may not be able to personally write the memorandum due to reasons like illness, injury, or disability. In that case, the Magistrate must clearly mention the reason in the court record. After that, the Magistrate can dictate the memorandum openly in court so that someone else writes it. This keeps the process transparent for everyone.
6. Signed by Magistrate
No matter who writes the memorandum, it must be signed by the Magistrate at the end. The Magistrate’s signature makes it an official part of the court record. Without the signature, the document would not have legal value. This rule ensures that the record cannot be changed later without the Magistrate’s knowledge or permission.
7. Becomes Part of Official Record
Once written and signed, the memorandum becomes an official part of the case file. It can be used later during the final decision of the case. Lawyers may use this record to refer back to what the witness said during their testimony. This helps maintain accuracy in court decisions and ensures fairness for both sides.
8. Protects Fairness in Proceedings
BNSS Section 309 protects both the accused and the witnesses by making sure that the court properly records what is said. No witness can later change their statement because it’s already written and signed. Similarly, the accused gets a fair chance to challenge the evidence based on what’s written. It keeps the process balanced and fair.
9. Helps in Appeals and Reviews
If a case goes for an appeal or review, the memorandum becomes strong evidence to show what was actually said in the lower court. Judges in higher courts rely on these written records to check whether the trial was conducted fairly. Without such records, appeals would be much harder to decide properly. BNSS 309 strengthens the entire justice process.
10. Keeps the Legal System Transparent
BNSS Section 309 is very important to keep the legal process open, fair, and transparent. Even though summons-cases are for smaller offences, justice must always be proper. By making sure that important witness statements are written down clearly and officially, this section supports trust in the justice system. It shows that even small cases matter.
Example 1:
In a minor theft case, the Magistrate listens to a witness who saw the incident. The Magistrate writes down the important parts of the witness’s statement in Marathi, as it’s the language of that court. This statement becomes part of the official court record.
Example 2:
During an inquiry under Section 165, the Magistrate is unable to write due to an injury. The Magistrate explains the reason openly in court, then dictates the statement to a clerk, who writes it in the official language. The Magistrate then signs the memorandum to make it official.
BNSS Section 309 Short Information
| No. | Key Point | Simple Explanation |
|---|---|---|
| 1 | Covers summons-cases & inquiries | Applies to smaller offences and inquiries under Sections 164–167, plus Section 491 matters. |
| 2 | Magistrate writes witness memorandum | Magistrate records key points of each witness’s statement in writing during trial. |
| 3 | Must use court’s official language | The written summary must be in the language officially used by that court. |
| 4 | If Magistrate can’t write | Reason is stated in court, and the Magistrate dictates the memorandum openly. |
| 5 | Becomes official court record | Once signed, the memorandum becomes a legal part of the case file for appeal or review. |
BNSS Section 309 FAQs
BNSS 309
Conclusion
BNSS 309 strengthens fairness in minor trials by ensuring that every witness’s key statements are officially recorded in the court’s language. Whether written by the Magistrate or dictated openly, these memorandums become trusted legal records, protecting both parties and supporting accuracy in future appeals.
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