Section 356 in The Code of Criminal Procedure, 1989 (1933 A. D.)
356. Record in other cases.
(1)In all other trials before Courts of Session and Magistrates, and in all inquiries under [Chapter XII] [Substituted by Act XXXVII of 1978, Section 54], the evidence of each witness shall be taken down in writing [in the language of the Court either by the Magistrate or Sessions Judge, with his own hand or from his dictation in open Court] [Substituted by Act XXLII of 1956 for '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 [the evidence so taken down shall be signed by the Magistrate or Sessions Judge and shall form part of the record.] [Substituted by Act XXLII of 1956 for '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 [or cause it to be taken down in writing in that language from his dictation in open Court] [Inserted by Act XLII of 1956.], 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.Any other language, not being English, then 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 Magistrate or Sessions Judge does not either take down the evidence with his own hand or cause it to be taken down in writing from his dictation in open Court,] [Substituted by Act XLII of 1956 for '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.
