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 i...

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