Section 318 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 318 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 empowers each High Court in India to establish general rules governing the recording of witness testimonies and the examination of the accused in cases before it. This provision ensures that all such proceedings are documented in a standardized manner, promoting consistency and clarity in the judicial process.
📜 Text of Section 318
318. Record in High Court
Every High Court may, by general rule, prescribe the manner in which the evidence of witnesses and the examination of the accused shall be taken down in cases coming before it, and such evidence and examination shall be taken down in accordance with such rule.
⚖️ Legal Context
Section 318 of the BNSS, 2023 mirrors Section 283 of the Indian Criminal Procedure Code (Cr.P.C.), 1973, which similarly grants High Courts the authority to prescribe the manner of recording evidence and examinations in cases before them. This alignment ensures a consistent approach to recording proceedings across various jurisdictions.
🧭 Practical Implications
Standardization of Procedures: By allowing High Courts to set specific rules, Section 318 ensures that all evidence and examinations are recorded uniformly, facilitating easier review and appeal processes.
Flexibility for High Courts: The provision grants High Courts the discretion to tailor recording methods to suit the practical needs and circumstances of their jurisdiction, accommodating variations in types of cases and technological advancements.
Ensuring Accuracy: Standardized recording practices help maintain the integrity and reliability of the judicial record, ensuring that all parties have access to accurate and consistent documentation of proceedings
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