Code: Section 312 BNSS
312.
In every case where evidence is taken down under Section 310 or Section 311,—
(a) if the witness gives evidence in the language of the Court, it shall be taken down in that language;
(b) if he gives evidence in any other language, it may, if practicable, be taken down in that language, and if it is not practicable to do so, a true translation of the evidence in the language of the Court shall be prepared as the examination of the witness proceeds, signed by the Magistrate or presiding Judge, and shall form part of the record;
(c) where under clause (b) evidence is taken down in a language other than the language of the Court, a true translation thereof in the language of the Court shall be prepared as soon as practicable, signed by the Magistrate or presiding Judge, and shall form part of the record:
Provided that when under clause (b) evidence is taken down in English and a translation thereof in the language of the Court is not required by any of the parties, the Court may dispense with such translation.
Explanation of Section 312 BNSS
Section 312 BNSS establishes the procedure for recording the evidence of a witness in the language most appropriate to ensure clarity and comprehension in court proceedings. The key aspects of this section are:
- Recording in the Court’s Language:
If a witness gives evidence in the language of the Court, the evidence must be recorded in that language. This facilitates direct understanding and minimizes the risk of misinterpretation. - Recording in an Alternate Language and Translation:
When a witness gives evidence in a language other than that of the Court, the evidence may be recorded in that original language if practicable. However, if recording in that language is not feasible, a true translation into the language of the Court must be prepared concurrently with the examination. This translation must be signed by the Magistrate or presiding Judge and become part of the official record. - Translation After the Examination:
If evidence is initially recorded in a language other than the Court’s language, the Court must ensure that a true translation is prepared as soon as practicable. This translation, duly signed by the Magistrate or presiding Judge, is then added to the record. - Dispensation in Specific Cases:
In cases where the evidence is given in English and none of the parties require a translation into the language of the Court, the Court may opt to dispense with the translation requirement, thus streamlining the proceedings.
This section ensures that the record of evidence is accessible to all parties and is accurately maintained in a language that is appropriate for the proceedings, thereby safeguarding the integrity of the judicial process.
Illustration
Example 1: Evidence Given in the Court’s Language
In a trial conducted in Hindi, a witness provides testimony in Hindi. Consequently, the evidence is recorded in Hindi. There is no need for translation since the language of the testimony matches the language of the Court.
Example 2: Evidence Given in a Different Language
In a court where the official language is Tamil, a witness gives evidence in English. If it is practicable, the evidence might be recorded in English. However, if recording in English is not feasible, a true translation of the evidence into Tamil is prepared during the witness’s examination, signed by the presiding Judge, and added to the record.
Example 3: Dispensation from Translation
A witness provides evidence in English in a Court where the official language is Malayalam. If neither party requests a translation of the English testimony into Malayalam, the Court may dispense with the translation requirement, and the evidence remains recorded in English.
Common Questions and Answers on Section 312 BNSS
1. What language must be used to record a witness’s evidence?
- Answer:
If the witness gives evidence in the language of the Court, it must be recorded in that language. If the evidence is given in another language, it should ideally be recorded in that language, and if not practicable, a true translation into the Court’s language must be prepared.
2. When is a translation of the evidence required?
- Answer:
A translation is required when the witness gives evidence in a language other than the language of the Court and it is not practicable to record the evidence in that original language. Additionally, if evidence is initially recorded in another language, a translation into the Court’s language must be prepared as soon as practicable.
3. Who is responsible for signing the translation of the evidence?
- Answer:
The Magistrate or the presiding Judge is responsible for signing the true translation of the evidence into the language of the Court.
4. Can the Court dispense with a translation?
- Answer:
Yes, if the evidence is given in English and none of the parties require a translation into the language of the Court, the Court may dispense with the translation requirement.
Conclusion
Section 312 BNSS ensures that the evidence recorded during a witness’s examination is available in a language that is accessible and comprehensible to all parties involved in the proceedings. By mandating either recording the evidence in the Court’s language or providing a true translation when necessary, this provision upholds the accuracy and integrity of the judicial record. For further legal insights and comprehensive guidance on evidentiary recording practices, visit ApniLaw.
