Record in trial before Court of Session
Section 276 of the Code of Criminal Procedure, 1973 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 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 Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried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 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 276, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 311 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 The repealed enactment still governs what happened while it was in force.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
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
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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… In Chapter VI of 8 Criminal Manual, there are provisions as follows :- 18. (1) Subject to the statutory alternatives in the matter of recording evidence as contained in Sections 275 and 276 of the Code of Criminal Procedure, 1973, as far as possible, the Sessions Judges and Judicial Magistrates should record memorandum of evidence in English in all cases and proceeding. (2) ........... (3) While the Sessions Judges and Magistrates may only make a memorandum of the substance of the deposition of …
Questions about Section 276
What have the courts held on Section 276 of the Code of Criminal Procedure?
Rajender Singh vs State of Haryana (10 Feb 2025) is the leading judgment on this section among those set out below: 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 276 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 276, section 276 CRPC, section 276 of the Code of Criminal Procedure. People searching for it also type 276 crpc in bnss. 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 276 of the Code of Criminal Procedure, and has it changed?
2 other provisions in this corpus refer back to it. For anything done on or after 1 July 2024 the provision to read is BNSS 311 (Record in trial before Court of Session), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 276 of the Code of Criminal Procedure come into force?
Section 276 of the Code of Criminal Procedure, cited as CRPC 276, 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.