Section 277 CrPC: Language of Record of Evidence in Criminal Proceedings

1. State the code

Section 277 of the Code of Criminal Procedure (CrPC) deals with the language of the record of evidence in criminal proceedings.

2. 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.

3. 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.