432 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
(2) When the summons is merely to produce, he need not attend. Sufficient if he sends it.
(Earlier part is not found—ed.)
Officer or Judge or in his presence and hearing under his personal direction and superintendence and shall be signed by the Magistrate or Sessions Judge.
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.
Section 363
Sessions Judge and Magistrate shall also record remarks regarding demeanour of the witnesses whilst under examination.
Section 360
As the taking down of the evidence of each witness 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.
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 objections made to it by the witness and shall add such remarks as he thinks necessary.
Omission to read over is an illegality.
II. B EFORE P RESIDENCY M AGISTRATES
Section 362
Appealable cases and non-appealable cases.
In appealable cases
The Magistrate shall take down the evidence of the witnesses with his own hand, or cause it to be taken down in writing from his dictation in open Court.