Section 276 CrPC - Record of Evidence in Trials Before a Court of Session
Section 276 of the Code of Criminal Procedure, 1973 prescribed how witness testimony was recorded in a Sessions Court trial. Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 311.
Meaning and scope of Section 276 CrPC
A Court of Session is a criminal court constituted for a sessions division, ordinarily dealing with serious criminal offences. Recording of evidence means formally reducing the testimony of witnesses to the court record while their examination is in progress. The presiding Judge remains responsible for supervising and authenticating that record.
Section 276 CrPC - Statutory provision
(1) In all trials before a Court of Session, the evidence of each witness shall, as his examination proceeds, be taken down in writing either by the presiding Judge himself or by his dictation in open Court, or under his direction and superintendence, by an officer of the Court appointed by him in this behalf.
(2) Such evidence shall ordinarily be taken down in the form of a narrative, but the presiding Judge may, in his discretion, take down, or cause to be taken down, any part of such evidence in the form of question and answer.
(3) The evidence so taken down shall be signed by the presiding Judge and shall form part of the record.
Section 311 BNSS - Corresponding current provision
Section 311 of the Bharatiya Nagarik Suraksha Sanhita, 2023, titled Record in trial before Court of Session, substantially continues the three requirements of former Section 276 CrPC:
- Sub-section (1): Witness evidence is written down as the examination proceeds, by the Judge, through dictation in open court, or by an appointed court officer under judicial direction and supervision.
- Sub-section (2): The ordinary format is narrative, with discretion to use question-and-answer form for any part.
- Sub-section (3): The presiding Judge signs the evidence, which then forms part of the trial record.
Read the official text through the National Crime Records Bureau BNSS text or the Bureau of Police Research and Development BNSS reference PDF.
How evidence is recorded in a Sessions trial
1. Recording during examination
The evidence of each witness must be recorded as examination proceeds, rather than reconstructed from memory after the hearing. This covers testimony placed before the court during the trial, subject to applicable procedural and evidentiary rules.
2. Recording by the Judge or authorised officer
The Judge may record the testimony personally, dictate it in open court, or direct an appointed court officer to record it under the Judge's supervision. Delegation of writing does not remove judicial responsibility for the record.
3. Narrative and question-and-answer formats
A narrative records the substance of testimony in continuous form. A question-and-answer record preserves particular questions and responses separately. The Judge may choose the latter where precision is important, such as disputed admissions or material contradictions.
4. Authentication and inclusion in the record
The presiding Judge must sign the recorded evidence. The signed deposition becomes part of the official case record and may be relevant during further proceedings, including appeal.
Related rules for witness evidence
| Earlier CrPC provision | Corresponding BNSS provision | Subject |
|---|---|---|
| Section 273 | Section 308 | Evidence generally taken in the presence of the accused, subject to statutory exceptions. |
| Section 275 | Section 310 | Recording evidence in warrant cases before Magistrates. |
| Section 276 | Section 311 | Recording evidence in Sessions trials. |
| Section 277 | Section 312 | Language of the record of evidence. |
| Section 278 | Section 313 | Procedure after the evidence is recorded. |
| Section 279 | Section 314 | Interpretation of evidence to the accused or advocate. |
Does Section 276 CrPC still apply after 1 July 2024?
The CrPC was repealed by the BNSS, but Section 531 BNSS contains savings for certain proceedings pending immediately before commencement. In particular, pending appeals, applications, trials, inquiries and investigations are addressed by the saving provision. Whether a particular matter continues under the CrPC requires examination of its procedural status and the applicable transitional law; the commencement date alone should not be used to decide that question.
Frequently asked questions
What is the equivalent of Section 276 CrPC in the BNSS?
Section 311 BNSS is the corresponding provision governing recording of evidence in a trial before a Court of Session.
Must the Sessions Judge personally write every witness deposition?
No. The provision permits recording by the Judge, by dictation in open court, or by an appointed officer working under the Judge's direction and superintendence.
Is question-and-answer recording compulsory?
No. Narrative form is ordinarily used, but the presiding Judge may direct that any part be recorded in question-and-answer form.
Who signs the recorded evidence?
The presiding Judge signs it, and the signed evidence forms part of the court record.
Official legal references
- India Code - Central legislation database (search for Act 2 of 1974 and Act 46 of 2023).
- NCRB - Bharatiya Nagarik Suraksha Sanhita text.
- BPR&D - BNSS reference document.