Code: Section 318 BNSS
318.
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.
Explanation of Section 318 BNSS
Section 318 BNSS empowers each High Court to establish a general rule that governs the procedures for recording the evidence of witnesses and the examination of the accused in cases that come before it. The key points of this section are:
-
Authority of the High Court:
Every High Court has the discretionary power to formulate and prescribe the manner in which evidence is to be recorded. This ensures consistency and standardization in the recording of testimony and examination across cases within its jurisdiction. -
Application of the Prescribed Rules:
Once the High Court has established these rules, all evidence of witnesses and examinations of the accused in cases before the Court must be taken down in strict accordance with the prescribed manner. This requirement promotes procedural uniformity and helps maintain the integrity of the judicial record. -
Flexibility and Adaptability:
The provision allows each High Court to tailor its rules to suit the practical needs and circumstances of its jurisdiction. This flexibility can accommodate variations in types of cases, technological advancements, or local administrative requirements.
Illustration
Example 1: Standardized Recording of Witness Evidence
A High Court in a particular state adopts a general rule that mandates the use of a specific digital recording system for taking down witness testimonies. In every case, witnesses’ evidence is recorded using this system, ensuring that the records are clear, consistent, and easily accessible for review by all parties involved.
Example 2: Examination of the Accused
In a criminal trial, the High Court has prescribed detailed guidelines on how the examination of the accused is to be conducted and recorded. This rule requires that the entire examination be transcribed verbatim and that any objections or deviations during the examination be noted. The examination is then submitted as part of the official record in strict compliance with the High Court’s rule.
Common Questions and Answers on Section 318 BNSS
1. Who has the authority to prescribe the manner in which evidence is taken down?
- Answer:
Every High Court has the authority to prescribe, by general rule, the manner in which the evidence of witnesses and the examination of the accused are recorded in the cases before it.
2. What must be done with the evidence and examination once the High Court has prescribed its rules?
- Answer:
All evidence of witnesses and the examination of the accused in cases coming before the High Court must be taken down in accordance with the prescribed rule, ensuring consistency and standardization in the records.
3. Why is it important for a High Court to prescribe a manner for recording evidence?
- Answer:
Prescribing a standardized manner for recording evidence helps maintain the integrity and reliability of the judicial record, ensures procedural uniformity, and facilitates easier review and appeal processes by ensuring that all evidence is recorded consistently.
4. Can the rules prescribed by the High Court be tailored to local needs?
- Answer:
Yes, each High Court may tailor its rules to suit the practical needs and circumstances of its jurisdiction, allowing for flexibility in handling diverse types of cases and technological advancements.
Conclusion
Section 318 BNSS empowers each High Court to establish general rules governing the recording of evidence and the examination of the accused. By mandating that all evidence and examinations be taken down in accordance with these rules, the provision ensures consistency, reliability, and transparency in the judicial process. This framework not only upholds the integrity of the legal record but also facilitates efficient case management and review. For further legal insights and detailed guidance on evidentiary procedures, visit ApniLaw.