s.53Recording of evidence
53
Section 53Part 3 — General Provisions Relating to Criminal Investigations and Proceedings

Recording of evidence

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53. (1) The Judge may, subject to this Act, give directions as to the manner in which evidence is recorded in any proceedings before any criminal court.
Subject to subsection (3) hereof and section 80 and to any directions issued under subsection (1), in inquiries and trials in criminal matters before a Summary Court, the evidence of the witnesses shall be recorded in the following manner —
the evidence of each witness, or so much thereof as the Court deems material, shall be taken down by the Court or in its presence and under its direction and superintendence, and shall be signed by the Court and shall form part of the record; and
such evidence need not ordinarily be taken down in the form of question and answer but may be in the form of narrative: Provided that the magistrate may, in the magistrate’s discretion, take down or cause to be taken down any particular question and answer or the evidence or any part thereof in any particular case in the form of questions and answers.
Subject to this Act, except subsection (2) hereof, when a court reporter is employed to report verbatim any criminal trial or proceedings or any part of such trial or proceedings before any Summary Court, a transcript of the report, duly verified in accordance with subsection (4), shall constitute the record of the trial or proceedings or part thereof as the case may be.
Verification of the transcript of any record made in accordance with subsection (3) shall be by a certificate given by the person making the transcript —
that to the best of the person’s skill and ability the person has made a correct and complete transcript of the trial or proceedings; and
that the report transcribed was taken by that person and was, to the best of that person’s skill and ability, a complete and correct account of the trial or proceedings or so much thereof as is specified in the certificate.
If, for any reason, a record of any trial or proceedings made pursuant to subsection (3) is not available, or if for any other reason the Grand Court so requires, the Clerk shall, if the Grand Court directs the Clerk to do so, request the magistrate of the Summary Court to furnish the Clerk with a certified copy of the whole or any part of the notes of the trial or with a report in writing, giving SECTION 54 Criminal Procedure Code (2026 Revision) Page 32 Revised as at 31st December, 2025 c the magistrate’s opinion upon the case generally or upon any point arising upon the case or both, and the magistrate shall furnish the same to the Clerk.
At the request of a witness that witness’s evidence shall be read over to that witness.

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