What Is BNSS Section 312?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 312: Language of Record of Evidence

In every case where evidence is taken down under sections 310 or 311:

(a) If the witness gives evidence in the language of the Court, it shall be taken down in that language;

(b) If he gives evidence in any other language, it may, if practicable, be taken down in that language, and if it is not practicable to do so, a true translation of the evidence in the language of the Court shall be prepared as the examination of the witness proceeds, signed by the Magistrate or presiding Judge, and shall form part of the record;

(c) Where under clause (b) evidence is taken down in a language other than the language of the Court, a true translation thereof in the language of the Court shall be prepared as soon as practicable, signed by the Magistrate or presiding Judge, and shall form part of the record:

Provided that when under clause (b) evidence is taken down in English and a translation thereof in the language of the Court is not required by any of the parties, the Court may dispense with such translation.

Brefe Detail

Section 312 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the language requirements for recording evidence in court. It states that evidence must be documented in the language of the Court when possible. If a witness speaks another language, that evidence may be recorded in that language, but a true translation must be provided if necessary. The section also allows for dispensing with translations if no party requires it.

Question & Answers

Q1: What is the main focus of Section 312?

A1: The main focus is on the language used for recording evidence in court.

Q2: In what language should evidence be taken down if the witness speaks the language of the Court?

A2: It shall be taken down in the language of the Court.

Q3: What happens if a witness speaks a language other than that of the Court?

A3: If practicable, the evidence may be taken down in that language; if not, a true translation must be prepared in the language of the Court.

Q4: Who signs the translation of evidence?

A4: The translation must be signed by the Magistrate or presiding Judge.

Q5: Can the Court dispense with translations in certain cases?

A5: Yes, if evidence is taken down in English and no party requires a translation, the Court may dispense with it.

Example

1. Case of Local Dialect: A witness speaks a local dialect during testimony. If the court language is different, the evidence is taken down in the local dialect, followed by a translation into the court's language.

2. English Testimony: A witness provides evidence in English. If none of the parties request a translation into the local language, the court may decide to proceed without one.

3. Practical Translation: A witness speaks in a regional language, and as the examination proceeds, the court documents the evidence in that language and later provides a signed translation for the record.

Summary

Section 312 of the Bharatiya Nagarik Suraksha Sanhita, 2023, establishes guidelines for the language of evidence recorded in court. It ensures that evidence is documented in the appropriate language while allowing for translations when necessary. The provision to dispense with translations when not required by parties streamlines the recording process.