Code
The State Government may determine what shall be, for purposes of this Code, the language of each Court within the State other than the High Court.
Explanation
Section 272 CrPC ensures that proceedings in Indian courts are conducted in a language accessible to all parties involved. The principle is to facilitate fair and equal access to justice for everyone, regardless of their language proficiency.
- Official Language: The primary language for court proceedings is the official language of the state where the court is located.
- Language Assistance: If a party doesn’t understand the official language, the court must make reasonable efforts to provide assistance, such as:
- Using an interpreter
- Allowing the party to use a language they understand
- Practicality: The court’s ability to provide language assistance depends on the practicality of the situation. Resources and logistics are factors considered.
Illustration
Imagine a person from Tamil Nadu, who speaks only Tamil, is accused of a crime in a Delhi court. As Delhi’s official language is Hindi, the court must make arrangements to ensure the accused understands the proceedings. This could involve using a Tamil interpreter or allowing the accused to use a Tamil translator.
Common Questions and Answers
Q: Can a party insist on using a specific language other than the official language?
- A: While the court must make reasonable efforts to assist parties, it’s not bound to conduct proceedings in any language the party demands. The court will consider practicality and available resources.
Q: What happens if the court cannot provide language assistance?
- A: If it’s not practicable to provide assistance, the court may have to postpone the proceedings until such assistance becomes available. However, this should be a last resort.
Q: Can an accused person refuse to participate in court proceedings because they don’t understand the language?
- A: The accused cannot simply refuse to participate. The court has a duty to ensure understanding, and the accused has a responsibility to cooperate in the process.