(1) In all warrant-cases tried before a Magistrate, the evidence of each witness
shall, as his examination proceeds, be taken down in writing either by the Magistrate himself
or by his dictation in open Court or, where he is unable to do so owing to a physical or other
incapacity, under his direction and superintendence, by an officer of the Court appointed
by him in this behalf:
Provided that evidence of a witness under this sub-section may also be recorded by
audio-video electronic means in the presence of the advocate of the person accused of the
offence.
(2) Where the Magistrate causes the evidence to be taken down, he shall record a
certificate that the evidence could not be taken down by himself for the reasons referred to
in sub-section (1).
(3) Such evidence shall ordinarily be taken down in the form of a narrative; but the
Magistrate may, in his discretion take down, or cause to be taken down, any part of such
evidence in the form of question and answer.
(4) The evidence so taken down shall be signed by the Magistrate and shall form part
of the record.
