# provisions of section 275 of the Code of Criminal Procedure

- **Citation:** C.L.No.31/VII-b-32
- **Court:** Allahabad High Court
- **Decided:** 1951-03-30
- **Case number:** C.L.No.31/VII-b-32
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/provisions-of-section-275-of-the-code-of-criminal-procedure-163904
- **Pages:** 1

## Text

470
C.L.No.31/VII-b-32 dated 30th March, 1951

The letter noted in the bloc contains similar directions with respect to the
memorandum of the substance of the evidence in criminal cases with reference to the
provisions of section 275 of the Code of Criminal Procedure.
C.L.No.138/IV-f-46 dated 7th September, 1974

Judicial Officers and Judicial Magistrates should strictly follow the provisions of
law while recording evidence in civil and criminal cases respectively in accordance with
rules 5 and 8 of Order XVIII, C.P.C. and section 275 and 276 of the Code of Criminal
Procedure, 1973
C.L.No.44/IV-h-36 dated 8th March, 1977
The Munsif-Magistrates and the Judicial Magistrates should, either themselves
type evidence on the typewriters or record the evidence in their own handwriting.
C.L.No.33/IV f-46/84 dated 8th May, 1984

The provisions of the rules regarding recording of evidence in civil and criminal
cases are not being observed by some of the presiding officers of the subordinate courts.
The normal practice has deteriorated to recording of statement by the reader while
presiding officer is busy in hearing arguments. This practice is in contravention of
imperative legal requirement as enjoined in rules 5 and 8 of Order XVIII, C.P.C. and
sections 275 and 276 Cr.P.C., 1973.

Attention of all the Presiding Officers is invited to the aforesaid provisions of law
in regard to the recording of evidence in civil and criminal cases. These provisions must
be strictly followed in recording evidence.
(iv)
Medical experts
C.L.No.144/VIII-b-52 dated 17th September, 1974

Injuries should invariably be noted in detail while recording the depositions of
medical experts examined by the defense in the subordinate courts.
(v)
Recording of evidence by commissioner
G.L.No.5686/44-22(5) dated 21st December, 1925

The definition of a court in section 3 of the Indian Evidence Act includes
commissioners appointed to record evidence under Order XXVI of the Code of Civil
Procedure. Such commissioners ought to exercise the powers of a court in disallowing
irrelevant and improper questions. Such powers should be exercised with discretion and
where there is room for doubt a commissioner will be well advised to note the objection
and record the question and answer leaving it to the court, which issued the commission
to decide on its relevancy. But where a question is clearly irrelevant or offends against
the provisions of sections 142, 148, 149, 151 or 152 or similar provision of law, the
commissioner himself may disallow it.
C.L.No.112 dated 5th December, 1958

A lawyer when appointed to examine witnesses on commission should give
timely notice to the witness of the date, time and place fixed for the execution of the