Section 288 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
📜 Section 288: Language of Record and Judgment
Text of the Section:
Language of Record and Judgment:
Every record and judgment shall be written in the language of the Court.
Delegation of Preparation:
The High Court may authorize any Magistrate empowered to try offences summarily to prepare the record or judgment, or both, by means of an officer appointed in this behalf by the Chief Judicial Magistrate. The record or judgment so prepared shall be signed by such Magistrate.
🧭 Purpose and Context
Section 288 of the BNSS, 2023, specifies the language in which records and judgments must be written in criminal trials. It ensures consistency and clarity in legal documentation, facilitating better understanding and accessibility for all parties involved.
⚖️ Comparison with the Code of Criminal Procedure (CrPC)
Section 288 of the BNSS, 2023, corresponds to Section 265 of the Code of Criminal Procedure (CrPC), 1973. Both provisions mandate that records and judgments in criminal trials be written in the language of the Court and allow for delegation of preparation to an appointed officer, subject to the Magistrate's oversight.
🧭 Significance
Ensures Clarity: By mandating the use of the Court's official language, this provision ensures that all parties, including the accused, legal representatives, and the public, can understand the proceedings and judgments.
Facilitates Delegation: Allowing the High Court to authorize a Magistrate to delegate the preparation of records and judgments to an appointed officer helps in managing workload efficiently while maintaining accountability.
Promotes Consistency: Standardizing the language of records and judgments promotes uniformity in legal documentation across different courts
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