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The Code of Criminal Procedure, 1973

CHAPTER XXIII : EVIDENCE IN INQUIRIES AND TRIALS




A.- Mode of taking and recording evidence

272. Language of Courts

The State Government may determine what shall be, for purposes of this Code, the language of each Court within the State other than the High Court.

273. Evidence to be taken in presence of accused

Except as otherwise expressly provided, all evidence taken in the course of the trial or other proceeding shall be taken in the presence of the accused, or, when his personal attendance is dispensed with, in the presence of his pleader.

Explanation.-In this section, "accused" includes a person in relation to whom any proceeding under Chapter VIII has been commenced under this Code.

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 his 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 this 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.

275. Record 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.

(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.

Foot Notes

1. Inserted by Act No. 10 of 1990, w.e.f. 19th December, 1990.

2. Substituted by Act No. 45 of 1978.

3. Inserted by Act No. 45 of 1978.

4. Explanation numbered as Explanation II by Act No. 45 of 1978.

5. Substituted by Act No. 46 of 1983.

6. Substituted by Act No. 46 of 1983.

7. Inserted by Act No. 45 of 1978.

8. Substituted by Act No. 63 of 1980, for the words and figures "section 153B, section 295A or section 505", w.e.f. 23rd September, 1980.

9. Inserted by Act No. 63 of 1980, w.e.f. 23rd September, 1980.

10. Substituted by Act No. 45 of 1978, for the words "a cognizable offence".

11. Substituted by Act No. 63 of 1980, for the words, figure and brackets "under sub-section (1)", w.e.f. 23rd September, 1980.

12. Inserted by Act No. 43 of 1991, w.e.f. 2nd May, 1991.

13. Inserted by Act No. 43 of 1991, w.e.f. 2nd May, 1991.

14. Substituted by Act No. 45 of 1978, for the words and figures "section 494".

15. Inserted by Act No. 45 of 1978.

16. Inserted by Act No. 46 of 1983.

17. Inserted by Act No. 45 of 1978.

18. Substituted by Act No. 45 of 1978.

The Code of Criminal Procedure, 1973

CHAPTER I: PRELIMINARY

CHAPTER II : CONSTITUTION OF CRIMINAL COURTS AND OFFICES

CHAPTER III : POWER OF COURTS

CHAPTER IV : A.-POWERS OF SUPERIOR OFFICERS OF POLICE

B.-AID TO THE MAGISTRATES AND THE POLICE

CHAPTER V : ARREST OF PERSONS

CHAPTER VI : PROCESSES TO COMPEL APPEARANCE

CHAPTER VII : PROCESSES TO COMPEL THE PRODUCTION OF THINGS

15[CHAPTER VII A : RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR ATTACHMENT AND FORFEITURE OF PROPERTY

CHAPTER VIII : SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR

CHAPTER IX : ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS

CHAPTER X: MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY

CHAPTER XI : PREVENTIVE ACTION OF THE POLICE

CHAPTER XII : INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE

CHAPTER XIII : JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS

CHAPTER XIV : CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS

CHAPTER XV : COMPLAINTS TO MAGISTRATES

CHAPTER XVI : COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES

CHAPTER XVII : THE CHARGE

CHAPTER XVIII : TRIAL BEFORE A COURT OF SESSION

CHAPTER XIX : TRIAL OF WARRANT-CASES BY MAGISTRATES

CHAPTER XX : TRIAL OF SUMMONS-CASES BY MAGISTRATES

CHAPTER XXI : SUMMARY TRIALS

CHAPTER XXII : ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS

CHAPTER XXIII : EVIDENCE IN INQUIRIES AND TRIALS

CHAPTER XXIV : GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

CHAPTER XXV : PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND

CHAPTER XXVI : PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE

CHAPTER XXVII : THE JUDGEMENT

CHAPTER XXVIII : SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION

CHAPTER XXIX : APPEALS

CHAPTER XXX : REFERENCE AND REVISION

CHAPTER XXXI: TRANSFER OF CRIMINAL CASES

CHAPTER XXXII: EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES

CHAPTER XXXIII : PROVISIONS AS TO BAIL AND BONDS

CHAPTER XXXIV : DISPOSAL OF PROPERTY

CHAPTER XXXV : IRREGULAR PROCEEDINGS

CHAPTER XXXVI9 : LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES

CHAPTER XXXVII : MISCELLANEOUS

THE FIRST SCHEDULE : CLASSIFICATION OF OFFENCES
II - CLASSIFICATION OF OFFENCES AGAINST OTHER LAWS

THE SECOND SCHEDULE