Record in summons-cases and inquiries
Section 309 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with record in summons-cases and inquiries. 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 The Act came into force on 01 Jul 2024.
(1) 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.
(2) Such memorandum shall be signed by the Magistrate and shall form part of the record.
Section 309, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 274 Record in summons-cases and inquiries Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
-
Raj Kumar Singh vs State of U.p.
Decided under Code of Criminal Procedure 274, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
At the stage of quashing application under Section 482 CrPC, the High Court can only examine whether prima facie case is made out against the accused. Disputed questions of fact cannot be adjudicated at this stage. If prima facie case exists, the summoning order cannot be quashed. The accused must seek remedy through discharge application before trial court where all legal issues can be raised. The trial court's cognizance order is valid if it shows application of judicial mind and indicates material is sufficient to proceed.
On this section: Record in summons cases - requirement to make memorandum of witness evidence substance
-
Government of India vs Lakhan Ahsok Hake
Decided under Code of Criminal Procedure 274, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
A person who is not enrolled as an advocate under the Advocates Act, 1961 cannot file vakalatnama or represent parties in criminal appeals before the High Court. The High Court Registry must verify the enrollment status of advocates before accepting vakalatnama. When representation is discovered to be by a non-enrolled individual, the appeal must be dismissed and costs imposed, and the Registry must be directed to prevent future acceptance of vakalatnama from such individuals.
On this section: Procedural provisions cited in the appeal petition; sections relate to procedure for calling records and related procedural matters
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
-
… The application stands disposed of. BAIL APPLN. 493/2025 3. This is second application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, ('BNSS') seeking anticipatory bail in FIR No. 0508/2024, dated 20.07.2024 registered at P.S. Netaji Subhash Place, Delhi under section 309(4)/311/3(5) of the Bharatiya Nyaya Sanhita, 2023 ('BNS') subsequent to the dismissal of the Anticipatory bail vide order dated 23.01.2025 by learned ASJ (Spl. FTC), North-West District, Rohini Courts, Delhi in Bail Maters 62/2025. BAIL APPLN. 493/2025 Page 1 of 3 This is a digitally signed order. The …
Questions about Section 309
What have the courts held on Section 309 of the Bharatiya Nagarik Suraksha Sanhita?
Raj Kumar Singh vs State of U.p. (30 May 2022) is the leading judgment on this section among those set out below, though it was decided under CRPC 274, which this section replaced -- the court never mentioned this Act: Record in summons cases - requirement to make memorandum of witness evidence substance. Another 1 judgment on this section is set out below. They run from 2019 to 2022.
How do I find court cases under Section 309 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 309, section 309 BNSS, section 309 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bnss 309(6) and bnss 309 4 in hindi. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Raj Kumar Singh vs State of U.p. (30 May 2022).
What should I read with Section 309 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
Its own text turns on section 164 (Procedure where dispute concerning land or water is likely to cause breach of peace), section 167 (Local inquiry), section 491 (Procedure when bond has been forfeited), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it. It carries forward CrPC 274 (Record in summons-cases and inquiries), so the judgments decided under that provision are the case law on this one.
When did Section 309 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 309 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 309, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.