357. Language of record of evidence._(1) The 1[Provincial Government] may direct that in any district
or part of a district, or in proceedings before any Court of Session, or before any Magistrate or class of
Magistrates the evidence of each witness shall, in the cases referred to in section 356, be taken down by the
Sessions Judge or Magistrate with his own hand and in his mothertongue, unless he is prevented by any
sufficient reason from taking down the evidence of any witness, in which case he shall record the reason
of his inability to do so and shall cause the evidence to be taken down in writing from his dictation in open
Court.
(2) The evidence so taken down shall be signed by the Sessions Judge or Magistrate, and shall form part
of the record:
Provided that the 1[Provincial Government] may direct the Session Judge or Magistrate to take down
the evidence in the English language or in the language of the Court, although such language is not his
mothertongue.
358. Option to Magistrate in cases under section 355. In cases of the kind mentioned in section 355,
the Magistrate may, if he thinks fit, take down the evidence of any witness in the manner provided in section
356, or, if within the local limits of the jurisdiction of such Magistrate the 1[Provincial Government] has
made the order referred to in section 357, in the manner provided in the same section.
359. Mode of recording evidence under section 356 or section 357.__(1) Evidence taken under
section 356 or section 357 shall not ordinarily be taken down in the form of question and answer, but in the
form of a narrative.
(2) The Magistrate or Sessions Judge may, in his discretion, take down, or cause to be taken down, any
particular question and answer.
360. Procedure in regard to such evidence when completed._(1) As the evidence of each witness
taken under section 356 or section 357 is completed, it shall be read over to him in the presence of the
accused, if in attendance, or of his pleader, if he appears by pleader, and shall, if necessary, be corrected.
(2) If the witness denies the correctness of any part of the evidence when the same is read over to him,
the Magistrate or Sessions Judge may, instead of correcting the evidence, make a memorandum thereon of
the objection made to it by the witness, and shall add such remarks as he thinks necessary.
(3) If the evidence is taken down in a language different from that in which it has been given and the
witness does not understand the language in which it is taken down, the evidence so taken down shall be
interpreted to him in the language in which it was given, or in a language which he understands.
1 Subs. by A.O., 1937, for “L.G”.
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