CrPC Section 265: Language of Record and Judgment in Criminal Proceedings
1. Code:
Section 265 of the Code of Criminal Procedure, 1973 (CrPC)
2. Explanation:
This section specifies the language in which all records and judgments in criminal proceedings shall be written. It states:
- All records and judgments in criminal proceedings shall be written in official language of the State in which the proceedings are held.
- If there is no official language, then the records and judgments shall be written in Hindi.
- However, if the court finds it necessary or expedient, it may allow the record or judgment to be written in some other language.
- In this case, a translation of the record or judgment in the official language or Hindi must be provided.
3. Illustration:
Imagine a criminal case in Delhi. The official language of Delhi is Hindi. Therefore, all records and judgments in this case should be written in Hindi. If a specific document in the case is in English, the court may allow it to be kept as it is, but a Hindi translation must be provided.
4. Common Questions & Answers:
Q: Can a person be penalized for not understanding the official language?
A: No. The court is obligated to provide a translation of the record or judgment if needed.
Q: What if the accused is from a different state with a different official language?
A: The court should ensure that the accused understands the proceedings. It can provide a translation, interpreter, or other assistance if necessary.
Q: What if the court finds it difficult to find a translator?
A: The court can request assistance from the State government or other relevant authorities to find a translator.
