What Is BNSS Section 288?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 288: Language of record and judgment

(1) Every such record and judgment shall be written in the language of the Court.

(2) The High Court may authorise any Magistrate empowered to try offences summarily to prepare the aforesaid record or judgment or both by means of an officer appointed in this behalf by the Chief Judicial Magistrate, and the record or judgment so prepared shall be signed by such Magistrate.

Brefe Detail

Section 288 of the Bharatiya Nagarik Suraksha Sanhita, 2023 discusses the language in which records and judgments should be written in cases tried in the Court. It specifies that all records and judgments must be written in the language of the Court. Moreover, the High Court can authorize a Magistrate to prepare these records and judgments through an officer appointed by the Chief Judicial Magistrate, who will sign the final document.

Question & Answers

Q1: What is the language in which records and judgments are to be written according to Section 288?

A1: Records and judgments are to be written in the language of the Court.

Q2: Can the preparation of records and judgments be delegated to someone else?

A2: Yes, the High Court may authorize a Magistrate to prepare the records and judgments through an officer appointed by the Chief Judicial Magistrate.

Q3: Who must sign the records or judgments prepared by the authorized officer?

A3: The record or judgment prepared by the officer must be signed by the Magistrate who authorized the preparation.

Example

Example 1:

In a case tried in a Court where the official language is Hindi, the record and judgment of the case must be written in Hindi, as per Section 288. If the Magistrate is authorized, an officer appointed by the Chief Judicial Magistrate may prepare the record and judgment in Hindi, and the Magistrate will sign the final document.

Summary

Section 288 ensures that all records and judgments in summary trials are written in the language of the Court. Additionally, it allows the High Court to authorize a Magistrate to delegate the preparation of these records and judgments to an officer, who must then have them signed by the Magistrate.