Section 312 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 312: Language of Record of Evidence
Text of Section 312
When evidence is taken under Section 310 or 311, the evidence shall be recorded in the language of the Court, provided:
If the witness gives evidence in the language of the Court, the evidence will be recorded in that language.
If the witness gives evidence in some other language, the evidence may, if possible, be recorded in that other language. If not possible, a true translation in the language of the Court shall be prepared during the examination, which will be signed by the Magistrate or the presiding officer and form part of the record.
Where the evidence is taken in a language other than the language of the Court, a true translation in the language of the Court shall be prepared as soon as possible, signed by the Magistrate or presiding officer, and form part of the record.
If the evidence is recorded in English and the Court’s language is different, the Court may dispense with translation if it considers the same unnecessary.
Purpose and Context
This section ensures that all evidence recorded during a trial is documented in the official language of the Court to maintain clarity and consistency in judicial proceedings.
When witnesses testify in a language different from the Court’s language, a proper and authentic translation must be included in the official record.
The provision also allows flexibility when evidence is recorded in English and translation is not necessary, to avoid unnecessary delays.
Example
Suppose a Court in a Hindi-speaking region is conducting a trial where a witness testifies in Tamil.
The Court will either record the evidence in Tamil if possible, or prepare a certified Hindi translation signed by the Judge.
This ensures that the record is understandable and authentic for judicial purposes.
Summary
Section 312 mandates that evidence must be recorded in the language of the Court or accompanied by an accurate certified translation. This guarantees transparency, accuracy, and fairness in judicial records and proceedings.
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