Recording of evidence in crl complaint by magistrate

vinod bansal (Querist) 27 July 2009 This query is : Resolved
All respected members
is it mandatory to record the preliminary evidence by magistrate himself in his hand writing? Kindly provide any case law or provision in this regard, Thanx

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Somnath mukherjee (Expert) 28 July 2009
it is not mandatory to record the evidence in own handwriting of the magistrate, but it should be recorded in presence of witness and signed by him

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PRAKASHCHANDRA MARU (Expert) 28 July 2009
yes definatelly it is correct and provision is given in crpc

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Manish Raghav (Expert) 30 July 2009
you can refer section 164 and 281 Cr.P.C for this.

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