Court of Records

Constitutional Provisions

Article 129 and Article 215 of the Constitution of India, 1950 confers the powers pertaining to be the Court of Record to the Supreme Court of India and High Courts as such, respectively.

This legal designation imparts special powers and privileges to these courts, empowering them to maintain records, punish for contempt, and ensure the preservation of judicial authority.

Definition

A court of record is a court that keeps a permanent record of its proceedings and acts. This record can be used as evidence, and the truth of the records cannot be questioned. 

Features of a court of record

1. Record keeping: All proceedings and acts are recorded for testimony and future reference. 

2. Legal precedents: The records are considered to be legal references and evidentiary matter. 

3. Punishment for contempt: The court can punish for contempt of court. 

4. Preservation of judicial authority: The court ensures the preservation of judicial authority. 

Procedure for maintaining the records

(a) A court clerk or court reporter records oral proceedings.

(b) Each civil and criminal record has a pre-fixed index of its contents.

(c) The index is in a prescribed form.

(d) The record includes abstracts of the case, evidence, and judgment.

(e) The pages are numbered.

Purpose of a court of record

The main purpose of keeping records is to make sure that precedents are followed.