Record in summons-cases and inquiries
Section 274 of the Code of Criminal Procedure, 1973 deals with record in summons-cases and inquiries. 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 his The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
(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 his 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 274, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 309 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 The repealed enactment still governs what happened while it was in force.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.
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
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.
Questions about Section 274
What have the courts held on Section 274 of the Code of Criminal Procedure?
Raj Kumar Singh vs State of U.p. (30 May 2022) is the leading judgment on this section among those set out below: 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 274 of the Code of Criminal Procedure?
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: CRPC 274, section 274 CRPC, section 274 of the Code of Criminal Procedure. People searching for it also type 274 crpc in bnss and s 274 crpc. 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 274 of the Code of Criminal Procedure, and has it changed?
Its own text turns on section 145 (Procedure where dispute concerning land or water is likely to causebreach of peace), section 148 (Local inquiry), section 446 (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. For anything done on or after 1 July 2024 the provision to read is BNSS 309 (Record in summons-cases and inquiries), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 274 of the Code of Criminal Procedure come into force?
Section 274 of the Code of Criminal Procedure, cited as CRPC 274, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 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. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.