Section 275 CrPC: Record in Warrant Cases and Section 310 BNSS
Section 275 of the Code of Criminal Procedure, 1973 prescribed how a Magistrate records witness evidence during a warrant-case trial. Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 310.
Meaning of a Warrant Case
A warrant-case is a case relating to an offence punishable with death, imprisonment for life, or imprisonment for a term exceeding two years. This definition appears in Section 2(x) CrPC and the corresponding Section 2(1)(z) BNSS. A warrant case is not defined merely by whether an arrest warrant was issued.
Section 275 CrPC: Statutory Provision
Heading: Record in warrant-cases. The following reproduces the substantive requirements of Section 275 of the Code of Criminal Procedure, 1973.
(1) In all warrant-cases tried before a Magistrate, the evidence of each witness shall, as his examination proceeds, be taken down in writing either by the Magistrate himself or by his dictation in open Court or, where he is unable to do so owing to a physical or other incapacity, under his direction and superintendence, by an officer of the Court appointed by him in this behalf:
Provided that evidence of a witness under this sub-section may also be recorded by audio-video electronic means in the presence of the advocate of the person accused of the offence.
(2) Where the Magistrate causes the evidence to be taken down, he shall record a certificate that the evidence could not be taken down by himself for the reasons referred to in sub-section (1).
(3) Such evidence shall ordinarily be taken down in the form of a narrative; but the Magistrate may, in his discretion take down, or cause to be taken down, any part of such evidence in the form of question and answer.
(4) The evidence so taken down shall be signed by the Magistrate and shall form part of the record.
Legislative note: The proviso permitting audio-video electronic recording was inserted by Act 5 of 2009, Section 20, with effect from 31 December 2009.
Section 310 BNSS: Corresponding Current Provision
Section 310 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is titled "Record in warrant-cases". It substantially carries forward the four subsections and audio-video recording proviso of Section 275 CrPC. In particular, the provision requires contemporaneous recording of witness evidence, specifies when an authorised court officer may record it, permits narrative or question-and-answer form, and requires the Magistrate's signature.
Read the official Government of India BNSS text, including Section 310, and the India Code legislation database.
Explanation of the Recording Requirements
1. Evidence recorded during examination
The Magistrate must ensure that each witness's evidence is recorded as the examination proceeds. The record may be made personally by the Magistrate or through dictation in open court.
2. Recording through a court officer
If the Magistrate cannot personally record evidence owing to physical or other incapacity, an appointed court officer may do so under the Magistrate's direction and superintendence. The Magistrate must certify the reason for not recording it personally.
3. Audio-video electronic recording
The proviso expressly permits witness evidence to be recorded through audio-video electronic means in the presence of the accused person's advocate. This is a statutory option, not a rule that every warrant-case witness must be recorded on video.
4. Narrative and question-and-answer formats
The ordinary format is a narrative account of the evidence. Where clarity or accuracy warrants it, the Magistrate may record any part in question-and-answer form.
5. Signature and inclusion in the case record
The Magistrate must sign the recorded evidence, which then forms part of the judicial record. Related procedural safeguards concerning the language and reading over of evidence are addressed in the neighbouring provisions.
Does Section 275 CrPC Still Apply After 1 July 2024?
Section 531(1) BNSS repeals the CrPC. However, Section 531(2)(a) provides that an appeal, application, trial, inquiry or investigation pending immediately before commencement is to continue under the former CrPC as if the BNSS had not come into force. Accordingly, the applicable recording provision depends on the procedural status of the particular matter and the savings clause; the date of the alleged offence alone should not be treated as conclusive.
For the statutory savings provision, see Section 531 BNSS on the Government of India website.
Related Provisions on Recording Evidence
- Section 273 CrPC / Section 308 BNSS: Evidence to be taken in the presence of the accused, subject to statutory exceptions.
- Section 274 CrPC / Section 309 BNSS: Record in summons cases and inquiries.
- Section 276 CrPC / Section 311 BNSS: Record in trials before a Court of Session.
- Section 277 CrPC / Section 312 BNSS: Language of the record of evidence.
- Section 278 CrPC / Section 313 BNSS: Procedure relating to recorded evidence when completed.
Frequently Asked Questions
What is the BNSS equivalent of Section 275 CrPC?
Section 310 BNSS is the corresponding provision on recording evidence in warrant cases tried before a Magistrate.
Can a Magistrate record witness evidence by video?
Yes. Section 275 CrPC and Section 310 BNSS permit audio-video electronic recording in the presence of the advocate of the accused, subject to the applicable procedural requirements.
Must evidence always be written as questions and answers?
No. Narrative recording is the ordinary form, but the Magistrate may choose question-and-answer recording for any part.
Who signs the recorded evidence?
The Magistrate signs the evidence recorded under the provision, and it becomes part of the case record.
Updated: 18 October 2026. This article provides general legal information. Check the official statute and applicable judicial directions for the facts of a particular case.