355. 1[Record in trials of certain cases by first and Second class Magistrates].(1) 2[In
cases tried under Chapter XX or Chapter XXII] by a Magistrate of the first or second class and in
all proceedings under section 514 (if not in the course of a trial), the Magistrate shall make a
memorandum of the substance of the evidence of each witness as the examination of the witness
proceeds.
(2) Such memorandum shall be written and signed by the Magistrate with his own hand, and
shall form part of the record.
(3) If the Magistrate is prevented from making a memorandum as above required, he shall
record the reason of his inability to do so, and shall cause such memorandum to be made in writing
from his dictation in open Court, and shall sign the same, and such memorandum shall form part of
the record.
356. Record in other cases.(1) 3[In trials before Courts of Session and in inquiries under
Chapter XII], the evidence of each witness shall be taken down in writing in the language of the
Court by the Magistrate or Sessions Judge, or in his presence and hearing and under his personal
direction and superintendence and shall be signed by the Magistrate or Sessions Judge.
(2) Evidence given in English. When the evidence of such witness is given in English, the
Magistrate or Sessions Judge may take it down in that language with his own hand, and, unless the
accused is familiar with English, or the language of the Court is English, an authenticated translation
of such evidence in the language of the Court shall form part of the record.
4[(2A) When the evidence of such witness is given in any other language, not being English,
than the language of the Court, the Magistrate or Sessions Judge may take it down in that language
with his own hand, or cause it to be taken down in that language in his presence and hearing and
under his personal direction and superintendence, and an authenticated translation of such evidence
in the language of the Court or in English shall form part of the record.]
(3) Memorandum when evidence not taken down by the Magistrate or Judge himself. In
cases in which the evidence is not taken down in writing by the Magistrate or Sessions Judge, he
shall, as the examination of each witness proceeds, make a memorandum of the substance of what
such witness deposes; and such memorandum shall be written and signed by the Magistrate or
Sessions Judge with his own hand, and shall form part of the record.
(4) If the Magistrate or Sessions Judge is prevented from making a memorandum as above
required, he shall record the reason of his inability to make it.
1 Subs. by Ord. 12 of 1972, s.2 and Sch., for “In summons cases tried before a Magistrate and in cases of the offences mentioned in subsection (1) of secton 260, clauses (b) to (m), both inclusive,
when tried."
2 Subs. ibid., for the original marginal heading.
3 Subs. ibid., for “In all other trials before Courts of Session and Magistrates, and in all inquiries under Chapter XII and XVIII.”
4 Subsection (2A) ins. by the Code of Criminal Procedure (Amdt.) Act, 1923 (18 of 1923), s. 96.
Page 136 of 319