Bharatiya Nagarik Suraksha Sanhita, 2023
Section 309
Record in summonscases and inquiries
(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.
Why this exists
For minor cases and certain inquiries, the law requires a running written note of witness testimony as it happens, ensuring there is always some contemporaneous record for future reference, appeal, or review, without demanding the full verbatim recording that more serious warrant-cases require. Allowing dictation to someone else, with reasons noted, accommodates practical realities (like a magistrate's illness or heavy workload) while keeping the process accountable.