Code: Section 317 BNSS
317.
When the services of an interpreter are required by any Criminal Court for the interpretation of any evidence or statement, he shall be bound to state the true interpretation of such evidence or statement.
Explanation of Section 317 BNSS
Section 317 BNSS addresses the role and obligations of an interpreter in Criminal Court proceedings. When a witness or party requires interpretation of evidence or statements during a trial, the interpreter is legally bound to provide a true and accurate translation of the content. This provision ensures that the integrity and accuracy of the testimony are maintained, which is essential for a fair judicial process.
Key Points:
- Requirement for Interpreter Services:
Criminal Courts may require the services of an interpreter when evidence or statements need to be understood in a language other than that in which the proceedings are conducted. - Obligation of the Interpreter:
The interpreter must state the true interpretation of the evidence or statement. This means that the interpreter has a duty to convey the exact meaning without alteration or omission. - Ensuring Accuracy:
The accuracy of interpretation is critical, as any misinterpretation can adversely affect the outcome of the case by misleading the Court or the parties involved.
Illustration
Example 1: Accurate Translation in a Criminal Trial
In a criminal trial, a witness provides testimony in a regional language. The Court appoints an interpreter to translate the witness’s statements into the official language of the court. The interpreter carefully and accurately translates every word and nuance of the testimony, ensuring that the Court receives a faithful representation of the witness’s account. This accurate translation helps the Court to make a well-informed decision based on the true meaning of the evidence.
Example 2: Misinterpretation and Its Consequences
In another case, if an interpreter were to inaccurately translate a key piece of evidence or a witness’s statement, it could lead to a misunderstanding of the facts. Section 317 mandates that the interpreter must avoid such errors by stating the true interpretation. If an error occurs, it might be grounds for challenging the evidence or even an appeal, underlining the critical importance of accurate interpretation.
Common Questions and Answers on Section 317 BNSS
1. Who requires the services of an interpreter according to Section 317?
- Answer:
Any Criminal Court may require the services of an interpreter when it is necessary to interpret evidence or statements provided in a language different from that of the proceedings.
2. What is the primary duty of the interpreter under this section?
- Answer:
The interpreter is bound to state the true interpretation of the evidence or statement, ensuring that the Court receives an accurate and unaltered translation.
3. Why is it important for the interpreter to provide a true interpretation?
- Answer:
A true interpretation is essential for maintaining the integrity of the judicial process. It ensures that decisions are based on accurate and complete information, preventing misunderstandings that could lead to unfair judgments.
4. What could be the consequences of an inaccurate interpretation?
- Answer:
Inaccurate interpretation can lead to misrepresentation of the evidence, potentially affecting the outcome of the case. It may result in appeals or retrials if it is determined that the misinterpretation had a significant impact on the proceedings.
Conclusion
Section 317 BNSS is a crucial provision that ensures the reliability and accuracy of interpreted evidence in Criminal Court proceedings. By mandating that interpreters must provide a true interpretation of any evidence or statement, this section upholds the integrity of the judicial process and safeguards the rights of all parties involved. For further legal insights and guidance on interpreter services and related evidentiary procedures, visit ApniLaw.
