THE LAW OF CRIMINAL PROCEDURE IN BRITISH INDIA 433
All evidence so taken down shall be signed by the Magistrate and shall form part of the record.
The Magistrate shall make a memorandum of the substance of the examination of the accused. Such memorandum shall be signed by the Magistrate with his own hand, and shall form part of the record.
In non-appealable cases
It shall not be necessary for a Presidency Magistrate to record the evidence or frame a charge.
Section 359, 362(2),
Mode of recording Evidence
Evidence shall ordinarily be taken down in the form of a narrative, though the Court may in its discretion take down, or cause to be taken down, any particular question and answer.
Exception : Examination of the accused.
Section 364
The whole of such examination, including every question put to him and every answer given by him, shall be recorded in full.
This does not apply to the record of the examination of the accused by the High Court.
II. R ECORD IN S UMMARY T RIALS
Section 260
The District Magistrate.
Magistrate 1st class especially empowered in this behalf by the Local Government.
Any Bench Magistrate invested with 1st class powers and especially empowered in this behalf by the Local Government may, if he thinks fit, try in a summary way all or any of the following offences:—
(a) Offences not punishable with death, transportation or imprisonment for a term exceeding six months and certain other offences mentioned in the Section.