Section 309 of BNSS : Section 309: Record in summons-cases and inquiries.

Explanation using Example

Example 1:

Scenario: A theft case in a small town.

Situation: Ramesh is accused of stealing a bicycle from his neighbor, Suresh. The case is a summons-case and is being tried before a Magistrate.

Application of Section 309:

1. Witness Examination: During the trial, Suresh and other witnesses are called to testify.
2. Memorandum Creation: As each witness, including Suresh, gives their testimony, the Magistrate makes a memorandum of the substance of their evidence in Hindi, which is the language of the Court.
3. Inability to Write: If the Magistrate is unable to write the memorandum himself due to a hand injury, he records the reason for his inability.
4. Dictation: The Magistrate then dictates the memorandum in open Court, and it is written down by a court clerk.
5. Signature: The Magistrate signs the memorandum, and it becomes part of the official court record.

Example 2:

Scenario: An inquiry into a public disturbance.

Situation: There is an inquiry under Section 165 regarding a public disturbance during a local festival. The inquiry is conducted by a Magistrate.

Application of Section 309:

1. Witness Examination: Several local residents are called to provide their accounts of the disturbance.
2. Memorandum Creation: As each resident testifies, the Magistrate makes a memorandum of the substance of their evidence in the local language, Marathi.
3. Inability to Write: If the Magistrate is unable to write the memorandum due to a heavy caseload, he records the reason for his inability.
4. Dictation: The Magistrate then dictates the memorandum in open Court, and it is written down by a stenographer.
5. Signature: The Magistrate signs the memorandum, and it becomes part of the official record of the inquiry.

Example 3:

Scenario: A proceeding under Section 491 for the recovery of a minor.

Situation: A petition is filed under Section 491 for the recovery of a minor child who is allegedly being wrongfully detained by a relative.

Application of Section 309:

1. Witness Examination: The parents of the minor and the relative are called to testify.
2. Memorandum Creation: As each person gives their testimony, the Magistrate makes a memorandum of the substance of their evidence in English, which is the language of the Court.
3. Inability to Write: If the Magistrate is unable to write the memorandum due to a temporary disability, he records the reason for his inability.
4. Dictation: The Magistrate then dictates the memorandum in open Court, and it is written down by a court assistant.
5. Signature: The Magistrate signs the memorandum, and it becomes part of the official record of the proceeding.