Code
(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.
Explanation
- Summons Cases: These are cases where the accused is summoned to appear before the court, rather than being arrested.
- Inquiries: These are investigations conducted by the Magistrate to determine whether there is sufficient evidence to proceed with a trial.
- Recording: The Magistrate is required to maintain a written record of the proceedings, which includes a summary of the evidence and arguments. This record is important for ensuring transparency and accountability.
- Verbatim Recording: The Magistrate is not required to record the evidence verbatim unless deemed necessary or desirable. This allows for a more concise record while still capturing the essential points of the proceedings.
Illustration
Imagine a case where a person is accused of theft by way of a summons case. During the trial, the witness testifies about seeing the accused stealing the item. The Magistrate would record the substance of the witness’s testimony, including the details of the theft, but wouldn’t necessarily record the entire conversation verbatim.
Common Questions and Answers
Q: What is the purpose of recording the proceedings?
- A: The record serves as a permanent account of the case, ensuring transparency, accountability, and allowing for review if needed.
Q: When is it necessary to record evidence verbatim?
- A: It is necessary when the evidence is complex, contradictory, or when the Magistrate deems it important for future reference.
Q: Can the accused access the record?
- A: Yes, the accused has the right to access the record and can use it to prepare their defense.
