In which of the following cases, the Court is required to record evidence before framing of charge:

In a warrant case instituted otherwise than on a police report, section 244 requires taking prosecution evidence before the section 245 discharge/section 246 charge decision. A police-report warrant case reaches sections 239–240 on the prescribed documents/examination/hearing; Sessions charge also precedes trial evidence. A summons case ordinarily has no formal charge under section 251.

Current law: BNSS sections 267–269 continue the corresponding pre-charge-evidence procedure for warrant cases instituted otherwise than on a police report. Section 531 saves specified proceedings already pending under CrPC. BNSS section 269(7) also expressly addresses prosecution witnesses whose attendance for cross-examination cannot be secured despite opportunity and reasonable measures, allowing closure with recorded reasons and deeming such unavailable witnesses unexamined.