Section 315 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023

Section 315 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023

📜 Full Text

Section 315 – Remarks respecting demeanour of witness

When a presiding Judge or Magistrate has recorded the evidence of a witness, he shall also record such remarks (if any) as he thinks material respecting the demeanour of such witness whilst under examination.(myjudix.com)

⚖️ Corresponding Provision in the Indian Penal Code (IPC)

Section 315 of the BNSS, 2023, corresponds to Section 164 of the Indian Evidence Act, 1872. Both provisions emphasize the importance of recording a witness's demeanour during testimony, which can be crucial in assessing the credibility and reliability of the witness's statements.

🧭 Purpose and Significance

Enhancing Judicial Assessment: By documenting the witness's demeanour, the court gains additional insights into the witness's sincerity and reliability, aiding in a more informed judgment.

Supporting Appellate Review: Detailed records of a witness's behaviour during examination provide higher courts with valuable context during appeals, ensuring that decisions are based on comprehensive information.

Upholding Transparency: This provision promotes transparency in judicial proceedings by ensuring that all aspects of a witness's testimony, including non-verbal cues, are formally recorded and available for review.

 

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