Section 274 CrPC: Record in Summons Cases and Inquiries
Understand the original Code of Criminal Procedure provision, the corresponding Section 309 BNSS, and how Magistrates record witness evidence in summons trials and specified inquiries.
Legal status: BNSS came into force on 1 July 2024, subject to transitional provisions. Updated 18 October 2026.
Section 274 CrPC: statutory text
(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.
Current law: Section 309 BNSS, 2023
With effect from 1 July 2024, the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replaced the Code of Criminal Procedure, 1973 for new proceedings, subject to the saving and transitional provisions in Section 531 BNSS. The corresponding provision is Section 309 BNSS, titled Record in summons-cases and inquiries. Its principal recording requirements remain the same, but its cross-references have been renumbered.
Section 309(1) BNSS. In all summons-cases tried before a Magistrate, in all inquiries under sections 164 to 167 (both inclusive), and in all proceedings under section 491 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.
Section 309(2) BNSS. Such memorandum shall be signed by the Magistrate and shall form part of the record.
Meaning and legal requirements
The provision prescribes a simplified method for recording witness testimony in summons trials and specified inquiries. Instead of requiring a verbatim transcript in every such proceeding, it requires the Magistrate to record a memorandum of the substance of the evidence, capturing the material points of each witness's testimony while examination is underway.
Proceedings covered
- Summons-cases before a Magistrate: cases relating to offences that are not warrant-cases under the applicable procedural definition.
- Specified preventive or property-dispute inquiries: inquiries under Sections 145-148 CrPC, corresponding to Sections 164-167 BNSS, concerning disputes over land or water likely to cause a breach of peace and related procedures.
- Bond-forfeiture proceedings outside a trial: proceedings under Section 446 CrPC, corresponding to Section 491 BNSS.
How the record must be prepared
- The memorandum is made as each witness is examined, not merely as an informal later recollection.
- It must be in the language of the Court, determined under Section 272 CrPC or Section 307 BNSS, as applicable.
- If the Magistrate cannot personally prepare it, the reason must be recorded and the memorandum prepared in writing or from dictation in open Court.
- The Magistrate must sign it, and the signed memorandum becomes part of the judicial record.
Relationship with other evidence provisions
Section 273 CrPC / Section 308 BNSS generally requires evidence to be taken in the presence of the accused or, where personal attendance is dispensed with, the advocate, subject to statutory exceptions. Section 275 CrPC / Section 310 BNSS deals with recording evidence in warrant-cases, where a different recording procedure applies. Section 277 CrPC / Section 312 BNSS addresses the language of the record of evidence. These provisions should be read together when considering the adequacy of a trial record.
Practical significance
The signed memorandum is part of the formal court record and can be relevant to review of testimony, appellate scrutiny and procedural objections. A party concerned that material testimony has not been accurately reflected should raise the issue promptly through appropriate court procedure. Whether an omission or irregularity affects the outcome depends on the applicable law and the facts of the case; not every clerical deficiency automatically invalidates a trial.
Official legal sources
For the current legislation, consult the National Crime Records Bureau BNSS statutory text and the Bureau of Police Research and Development BNSS reference PDF. The India Code portal provides official central legislation. Check amendments, applicable notifications and the relevant court rules for the particular proceeding.
Frequently asked questions
What is Section 274 CrPC?
It requires a Magistrate to prepare and sign a memorandum of the substance of each witness's evidence in summons-cases and specified inquiries.
What is the corresponding BNSS provision?
Section 309 BNSS, 2023. It refers to Sections 164-167 and 491 BNSS in place of Sections 145-148 and 446 CrPC.
Must the Magistrate personally write the memorandum?
Ordinarily yes. If unable, the Magistrate must record the reason and have it prepared in writing or from dictation in open Court.
Does Section 309 BNSS apply to every pending CrPC case?
Not automatically. Section 531 BNSS contains savings for proceedings pending when the new law commenced; the applicable procedural regime must be assessed in context.