Explain the procedure regarding taking and recording of evidence.

Question: Explain the procedure regarding taking and recording of evidence.

Find the answer only on Legal Bites. [Explain the procedure regarding taking and recording of evidence.]

Answer

Section 272 to 283 of Code of Criminal Procedure, 1973 read with rules covered under Chapter XII of General Rules and Circular Order Volume- I throws light on the mode of taking and recording pieces of evidence in criminal cases.

Mode of Recording Evidences under Indian law:

Section 273

It mandates to record all the pieces of evidence in presence of the accused, when his personal attendance is dispensed with, the same must be recorded in the presence of his pleader.

Section 274

The magistrate shall record a memorandum of the substance of evidence in the language of the court and it must be signed by him.

Section 275 (1)

In all warrant cases, the evidence of each witness shall be taken down in writing either by the magistrate or by his direction or if he is unable to do so due to physical or other incapacities, under his direction and superintendence, by an officer of the court-appointed by him in his behalf. Provided that: evidence of witness under this sub-section be recorded by audio-video electronic.

Section 275 (3)

Permits the Magistrate to record the evidence in the form of questions and answers.

Section 276

Recording of evidence before session court should be in the form of a narrative. The presiding officer at his discretion can take down any part of the evidence in form of a question and answer and it has to be signed by him.

Section 278

The evidence of a witness when completed should be read over to him in presence of the accused or his pleader. It should not be done at the end of the day after examining all witnesses. It can be corrected by the accused if needed.

Section 280

It empowers the Presiding Judge or the Magistrate to record the remarks.

Rule 83

The margin of 1/4th of the deposition sheet should be left blank

Rule 84

Enables court to record deposition of a typewriting machine. A certificate must be given by Presiding Judge that evidence is recorded in his dictation and each page has to be attested by him.

Rule 85

the Presiding Judge shall record in his own handwriting the name of the witness examined and his details.

Rule 87

The deposition of each witness should be separately paragraphed in consecutive number order.

Rule 88

The Presiding Judge shall sign the certificate at the bottom of the deposition of each witness and it is explained to the accused and admitted to be correct.

---

Important Mains/Long Questions for Judiciary, APO & University Exams

1. CRPC Mains Questions Series Part I: Important Questions
2. CRPC Mains Questions Series Part II: Important Questions
3. CRPC Mains Questions Series Part III: Important Questions
4. CRPC Mains Questions Series Part IV: Important Questions
5. CRPC Mains Questions Series Part V: Important Questions
6. CRPC Mains Questions Series Part VI: Important Questions
7. CRPC Mains Questions Series Part VII: Important Questions
8. CRPC Mains Questions Series Part VIII: Important Questions
9. CRPC Mains Questions Series Part IX: Important Questions
10. CRPC Mains Questions Series Part X: Important Questions
11. CRPC Mains Questions Series Part XI: Important Questions