Code
In every case where evidence is taken down under section 275 or 276,—
(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.
Explain it
This section states that:
- All evidence recorded in a criminal proceeding must be recorded in the language that the witness understands and speaks.
- If the witness doesn’t understand or speak the language of the court, an interpreter must be appointed to translate the questions and answers.
- The interpreter’s translation must be recorded in the court record.
- If no interpreter is available, the evidence must be recorded in the language the witness understands, and later translated into the language of the court by an authorized person.
Illustrate it
For example, if a witness in a criminal trial only speaks Hindi, but the court proceedings are in English, an interpreter must be appointed to translate the questions and answers between the witness and the court. The interpreter’s translation will be recorded in the court record.
4. Common Questions and Answers
Q: What if the witness speaks a language not understood by any interpreter available?
A: In such cases, the court may record the evidence in the language the witness understands and appoint a person to translate it later. This person must be competent in both languages.
Q: Does this section apply to all criminal proceedings?
A: Yes, this section applies to all criminal proceedings, regardless of the severity of the offense.
Q: Why is it important to record evidence in a language the witness understands?
A: Recording evidence in a language the witness understands ensures that the witness can accurately convey their testimony without any confusion or misinterpretation. This is crucial for ensuring a fair trial.
