Section 313 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 313 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 establishes the procedure for verifying and correcting witness testimony during criminal trials, ensuring accuracy and fairness in the judicial process.
Text of Section 313
Procedure in regard to such evidence when completed
Reading Over Evidence: After the evidence of each witness is recorded under Sections 310 or 311, it must be read over to the witness in the presence of the accused (if present) or their advocate (if represented). Necessary corrections should be made to ensure accuracy.
Witness Objections: If the witness denies the correctness of any part of the evidence, the Magistrate or presiding Judge may choose not to correct the evidence but instead make a memorandum of the objection and add remarks as deemed necessary.
Language Interpretation: If the record of evidence is in a language different from that in which it was given, and the witness does not understand that language, the record shall be interpreted to the witness in the language in which it was given or in a language they understand.(
Explanation
Section 313 ensures that witness testimony is accurately recorded and that any discrepancies are addressed promptly. It provides a mechanism for witnesses to verify the correctness of their statements and for the court to document any objections or clarifications. This process upholds the principles of justice by maintaining the integrity of the evidence presented during trials.
Significance
Accuracy of Evidence: This section guarantees that witness statements are faithfully recorded and any errors are corrected, preserving the reliability of the evidence.
Witness Rights: It safeguards the rights of witnesses by allowing them to review and contest their recorded testimony, ensuring their statements are accurately represented.(
Language Accessibility: By mandating interpretation of evidence records, it ensures that language barriers do not impede a witness's ability to verify their testimony.
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