Section 313 of BNSS, 2023 — Procedure in Regard to Such Evidence When Completed

Introduction

Section 313 of the Bharatiya Nagarik Suraksha Sanhita, 2023 lays down the procedure to be followed after the evidence of a witness has been recorded under Section 310 or Section 311.

The provision ensures that the witness gets an opportunity to verify the recorded evidence, make necessary corrections, or raise an objection regarding its correctness.

Statutory Basis

Section 313 applies to evidence recorded under:

• Section 310 — Record in warrant-cases; and
• Section 311 — Record in trial before Court of Session.

Once the evidence of each witness is completed, it must be read over to the witness in the presence of the accused, if the accused is in attendance, or in the presence of the accused’s advocate where the accused appears through an advocate.

Reading Over of Evidence

After the evidence of a witness has been completed, the recorded evidence must be read over to the witness.

This provides the witness with an opportunity to verify whether the evidence has been correctly recorded.

The reading over takes place:

• in the presence of the accused, if the accused is attending the Court; or
• in the presence of the accused’s advocate, if the accused appears through an advocate.

Correction of Evidence

If necessary, the evidence may be corrected after it has been read over to the witness.

The purpose of this provision is to ensure that the written record accurately reflects the evidence actually given by the witness.

The provision therefore provides an important safeguard against errors in recording testimony.

When the Witness Disputes the Record

Section 313(2) deals with a situation where the witness denies the correctness of any part of the evidence when it is read over.

In such a case, the Magistrate or presiding Judge may choose not to alter the recorded evidence.

Instead, the Court may:

1. make a memorandum of the objection raised by the witness; and
2. add such remarks as the Magistrate or presiding Judge considers necessary.

This ensures that the witness’s objection becomes part of the judicial record.

Interpretation of the Record

Section 313(3) deals with language differences.

Where:

• the record of the evidence is in a language different from the language in which the evidence was given; and
• the witness does not understand the language of the record,

the record must be interpreted to the witness.

The interpretation must be provided:

• in the language in which the evidence was given; or
• in another language understood by the witness.

Purpose of Section 313

The provision serves several important purposes:

• ensures that the witness can verify the recorded evidence;
• allows necessary corrections to be made;
• provides a mechanism for recording objections by the witness;
• protects the accuracy and integrity of the evidence record;
• ensures that language differences do not prevent the witness from understanding the recorded testimony.

Procedure Under Section 313

The procedure can be understood as follows:

1. The evidence of a witness is completed under Section 310 or Section 311.
2. The recorded evidence is read over to the witness.
3. The accused is present if attending, or the accused’s advocate is present where applicable.
4. If necessary, corrections are made.
5. If the witness disputes any part of the evidence, the Court may record a memorandum of the objection instead of correcting the evidence.
6. The Magistrate or presiding Judge may add appropriate remarks.
7. If the record is in a language not understood by the witness, it is interpreted to the witness in a language understood by them.

Example

Suppose a witness gives evidence during a warrant-case before a Magistrate. After the evidence is recorded, it is read over to the witness.

The witness notices that one portion does not correctly reflect what was stated during examination. The Court may correct the relevant portion.

If the witness disputes the correctness of a particular part and the Court does not consider it appropriate to alter the record, the Court may record the witness’s objection in a memorandum and add its own remarks.

Relationship with Sections 310 and 311

Section 313 directly follows the provisions concerning the recording of evidence.

Section 310

Deals with the record in warrant-cases.

Section 311

Deals with the record in trials before a Court of Session.

Section 313

Deals with what must happen after that evidence has been recorded.

Thus, Section 313 provides the verification stage following the recording of evidence under Sections 310 and 311.

Relationship with Section 312

Section 312 deals with the language of the record of evidence.

Section 313 complements it by providing that where the witness does not understand the language in which the evidence has been recorded, the record must be interpreted to the witness in a language understood by them.

BNSS and CrPC

Section 313 BNSS corresponds to Section 278 of the Code of Criminal Procedure, 1973.

The basic procedure has been substantially retained, including:

• reading the completed evidence to the witness;
• allowing necessary corrections;
• recording the witness’s objection where the witness disputes the record; and
• interpreting the record where it is in a language not understood by the witness.

Important Points

• Section 313 deals with the procedure after evidence is completed.
• It applies to evidence recorded under Sections 310 and 311.
• The evidence must be read over to the witness.
• The accused or the accused’s advocate is present as specified by the provision.
• Necessary corrections may be made.
• If the witness disputes the correctness of any part, the Court may record a memorandum of the objection.
• The Magistrate or presiding Judge may add appropriate remarks.
• If the witness does not understand the language of the record, it must be interpreted to the witness.
• Section 313 corresponds to Section 278 CrPC.

Quick Revision

• Section: 313, BNSS, 2023
• Subject: Procedure in regard to evidence when completed
• Applies to: Evidence under Sections 310 and 311
• First step: Evidence is read over to the witness
• Presence: Accused or accused’s advocate, as applicable
• Correction: Made if necessary
• Witness disputes evidence: Objection may be recorded in a memorandum
• Court’s power: May add remarks to the memorandum
• Language issue: Record must be interpreted if the witness does not understand its language
• Corresponding CrPC provision: Section 278

ALSO READ: Section 312 – Language of record of evidence

Conclusion

Section 313 BNSS ensures that the evidence recorded during a warrant-case or Sessions trial is verified by the witness after completion. It provides an opportunity for correction, allows objections to be formally recorded, and protects witnesses from being required to accept a record they cannot understand because of a language difference. The provision therefore strengthens the accuracy and fairness of the evidentiary record.