Record in trial before Court of Session
Section 311 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with record in trial before Court of Session. 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 The Act came into force on 01 Jul 2024.
(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, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 276 Record in trial before Court of Session 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 The repealed enactment still governs what happened while it was in force.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.
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Rajender Singh vs State of Haryana
Decided under Code of Criminal Procedure 276, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
The mandatory requirement under Section 275(4) Cr.P.C. that witness depositions in warrant cases must be signed by the Magistrate is not a curable irregularity but a fatal defect that renders the evidence inadmissible and vitiates the entire trial. Additionally, the right to cross-examine prosecution witnesses is a fundamental component of the right to fair trial under Article 21 of the Constitution, and denial of this right prejudices the accused and violates principles of natural justice. When an Investigating Officer fails to appear for cross-examination, the evidence collected by that officer remains unproved and cannot be relied upon for conviction.
On this section: Referenced regarding unsigned depositions and procedural requirements
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Central Bureau of Investigation vs Sohan Lal Bishnoi
Decided under Code of Criminal Procedure 276, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
The inherent jurisdiction of the High Court under Section 482 CrPC cannot be invoked to interfere with a trial court's discretionary order declining to permit video teleconference examination of a witness in a sessions trial, where the trial court has exercised its discretion judiciously, in good faith, on correct and plausible grounds, and where the witness has merely expressed partial reluctance rather than outright refusal to appear, and where the reasons for non-appearance (professional inconvenience and travel expenses) are not substantial or genuine grounds for dispensing with personal presence of witness, particularly when the trial court has already issued summons multiple times and the witness has not specifically stated inability to visit India for compelling reasons.
On this section: Procedure for recording evidence in sessions trials. No provision for video teleconference examination of witnesses in sessions trials.
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.
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… Rule 56A(2)(b) of the Criminal Rules of Practice, 1982 permits the evidence of each witness to be taken down through dictation onto a mechanical or electronic device. Section 311 of the Bharatiya Nagarik Suraksha Sanhita, 2023 also permits the Sessions Courts to record evidence of witnesses by dictation in open court. In fact, by Circular No.3/3017 dated 07-08-2017, the High Court of Kerala had permitted all Presiding Officers of all Courts in the State to record the evidence of witnesses …
Questions about Section 311
What have the courts held on Section 311 of the Bharatiya Nagarik Suraksha Sanhita?
Rajender Singh vs State of Haryana (10 Feb 2025) is the leading judgment on this section among those set out below, though it was decided under CRPC 276, which this section replaced -- the court never mentioned this Act: Referenced regarding unsigned depositions and procedural requirements. Another 1 judgment on this section is set out below. They run from 2019 to 2025.
How do I find court cases under Section 311 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 311, section 311 BNSS, section 311 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type 311 bnss in crpc and bns 311 punishment. 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 Rajender Singh vs State of Haryana (10 Feb 2025).
What should I read with Section 311 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
2 other provisions in this corpus refer back to it. It carries forward CrPC 276 (Record in trial before Court of Session), so the judgments decided under that provision are the case law on this one.
When did Section 311 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 311 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 311, 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.