Introduction
Section 312 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the language in which the record of evidence is to be prepared during criminal proceedings.
The provision ensures that evidence is properly recorded in the language prescribed for the Court while also providing a mechanism for preparing the record when the evidence is given in a different language.
Statutory Basis
Section 312 provides that, in every case where evidence is taken down in writing, the record shall be made in the language of the Court.
Where the evidence is given in a language different from the language of the Court, the evidence may be recorded in the language in which it was given, or in the language of the Court, subject to the procedure prescribed by the provision.
Language of the Court
The primary rule is that the record of evidence should be prepared in the language of the Court.
This ensures uniformity in judicial records and facilitates proper consideration of the evidence by the Court.
The provision therefore connects with Section 307 BNSS, which deals with the language of Courts.
Evidence Given in a Different Language
A witness may give evidence in a language that is different from the language ordinarily used by the Court.
Section 312 provides for such circumstances so that the evidence can still be properly incorporated into the judicial record.
The language in which the witness gives evidence and the language in which the Court maintains its record need not necessarily be the same.
Purpose of the Provision
Section 312 serves several important purposes:
- ensures consistency in judicial records;
- accommodates witnesses who speak a different language;
- facilitates proper understanding of evidence by the Court;
- ensures that language differences do not prevent a witness from giving evidence; and
- maintains an accessible and reliable record of the proceedings.
Connection with Interpretation
Where a witness gives evidence in a language different from that of the Court, interpretation may be necessary.
The purpose of interpretation is to ensure that the Court properly understands the testimony and that the evidence is accurately incorporated into the record.
The language requirement therefore works together with the provisions concerning interpretation of evidence.
Example
Suppose the language of a particular Criminal Court is English, but a witness gives evidence in Tamil.
The Court may use the prescribed interpretation procedure so that the witness’s evidence is properly understood and recorded in accordance with the requirements of the BNSS.
The objective is to preserve the substance and accuracy of the witness’s testimony while maintaining the required court record.
Importance of Section 312
The language of evidence is important because the written record may later be examined by:
- the trial Court;
- an appellate Court;
- a revisional Court; or
- other judicial authorities.
A clear and properly prepared record therefore helps ensure that the evidence can be accurately understood and evaluated at later stages.
Relationship with Section 307
Section 307 deals with the language of Courts.
Section 312 deals specifically with the language of the record of evidence.
Thus:
- Section 307: Determines the language of Courts.
- Section 312: Regulates the language in which evidence is recorded.
The two provisions operate together to maintain consistency in criminal court records.
Relationship with Sections 310 and 311
Sections 310 and 311 deal with the recording of evidence in:
- warrant-cases before Magistrates; and
- trials before a Court of Session.
Section 312 complements these provisions by dealing with the language of the record of evidence.
BNSS and CrPC
Section 312 BNSS corresponds to Section 277 of the Code of Criminal Procedure, 1973.
The provision continues the earlier framework concerning the language in which evidence is recorded during criminal proceedings.
Important Points
- Section 312 deals with the language of the record of evidence.
- The record is prepared in the language of the Court.
- A witness may give evidence in a language different from the language of the Court.
- Appropriate interpretation may be used where necessary.
- The provision promotes accuracy and uniformity in judicial records.
- It works together with the provisions concerning the language of Courts and recording of evidence.
- Section 312 corresponds to Section 277 CrPC.
Quick Revision
- Section: 312, BNSS, 2023
- Subject: Language of record of evidence
- Main rule: Evidence is recorded in the language of the Court
- Different language: Interpretation and prescribed recording procedure may be used
- Related provision: Section 307 BNSS
- Purpose: Accurate and uniform judicial records
- Corresponding CrPC provision: Section 277
ALSO READ: Section 311 – Record in trial before Court of Session
Conclusion
Section 312 BNSS establishes the language framework for recording evidence in criminal proceedings. It ensures that evidence is properly incorporated into the Court’s record while accommodating situations where witnesses give evidence in a different language. The provision thereby supports accuracy, accessibility and consistency in judicial records.
