Section 311 of BNSS : Section 311: Record in trial before Court of Session.

Explanation using Example

Example 1:

Scenario: A high-profile murder case is being tried in a Court of Session in Mumbai.

Details:

• The prosecution calls a key witness, Mr. Sharma, who claims to have seen the accused near the crime scene on the night of the murder.
• As Mr. Sharma testifies, the presiding Judge, Judge Rao, listens carefully and dictates Mr. Sharma's statements to the court stenographer in open court.
• Mr. Sharma describes the events in a narrative form, explaining how he saw the accused at around 10 PM near the victim's house.
• At one point, Judge Rao decides that a specific part of Mr. Sharma's testimony needs to be recorded in a question-and-answer format for clarity.
  • Judge Rao: "Mr. Sharma, what time did you see the accused?"
  • Mr. Sharma: "It was exactly 10 PM."
  • Judge Rao: "Where exactly were you when you saw the accused?"
  • Mr. Sharma: "I was standing at the corner of the street, about 50 meters from the victim's house."
• After Mr. Sharma finishes his testimony, Judge Rao reviews the written record, signs it, and it becomes part of the official court record.

Example 2:

Scenario: A financial fraud case is being tried in a Court of Session in Delhi.

Details:

• The defense calls an expert witness, Ms. Gupta, a forensic accountant, to testify about the financial transactions in question.
• As Ms. Gupta explains the complex financial data, the presiding Judge, Judge Verma, directs the court officer to take down her testimony in writing.
• Ms. Gupta provides a detailed narrative of how the funds were allegedly misappropriated, including dates, amounts, and the parties involved.
• Judge Verma decides that certain technical details need to be recorded in a question-and-answer format to ensure accuracy.
  • Judge Verma: "Ms. Gupta, can you explain the significance of the transaction on March 15th?"
  • Ms. Gupta: "The transaction on March 15th involved a transfer of ₹50 lakhs from the company's account to a personal account, which is highly irregular."
  • Judge Verma: "And who authorized this transaction?"
  • Ms. Gupta: "The authorization came from the accused, Mr. Kapoor."
• Once Ms. Gupta's testimony is complete, Judge Verma reviews the written record, signs it, and it is added to the official court record.