Introduction
Section 315 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the recording of remarks concerning the demeanour of a witness during a criminal proceeding.
The provision allows the Judge or Magistrate to record observations regarding the manner in which a witness behaves or appears while giving evidence.
Meaning of Demeanour
Demeanour refers to the outward behaviour, conduct, manner and appearance of a witness while giving evidence before the Court.
It may include observations about:
- the witness’s manner while answering questions;
- apparent nervousness or confidence;
- hesitation while responding;
- unusual behaviour during examination; or
- other observable conduct relevant to the Court’s assessment of the witness.
However, demeanour is only one factor that may be considered while assessing evidence and does not by itself determine whether a witness is truthful.
Statutory Rule
Section 315 provides that when a Judge or Magistrate has any reason to doubt the demeanour of a witness, the Judge or Magistrate may record such remarks as they think necessary.
The remarks become part of the judicial record.
Power to Record Remarks
The power under Section 315 belongs to the Judge or Magistrate before whom the witness gives evidence.
The Court may make remarks where it considers the witness’s demeanour significant enough to be recorded.
The provision is therefore concerned with preserving the Court’s direct observations of the witness during testimony.
Purpose of Recording Demeanour
The provision serves an important evidentiary purpose.
The trial Judge or Magistrate directly observes the witness while the witness is giving evidence. Recording relevant observations about demeanour preserves those observations in the record.
This can be particularly useful when the case is subsequently considered by a higher Court.
Importance in Appeal
An appellate Court may not have the same opportunity to observe the witness personally.
Therefore, where the trial Court has considered the demeanour of a witness sufficiently relevant to record a remark, that observation becomes part of the record that may be considered at a later stage.
However, the appellate Court must assess such observations along with the actual evidence on record.
Example
Suppose a witness gives evidence before a Magistrate and repeatedly displays unusual conduct while answering material questions.
If the Magistrate considers the witness’s demeanour relevant, the Magistrate may record an appropriate remark concerning the witness’s demeanour in the judicial record.
The remark does not automatically establish that the witness is truthful or untruthful. It simply preserves the Court’s observation.
Important Distinction
Demeanour vs Credibility
Demeanour and credibility are not the same thing.
Demeanour concerns the observable conduct or manner of the witness.
Credibility concerns whether the witness’s testimony should be believed after considering the evidence as a whole.
A witness appearing nervous, hesitant or confident does not by itself establish the truth or falsity of the testimony.
Purpose of Section 315
The provision aims to:
- preserve relevant observations of the trial Judge or Magistrate;
- maintain a complete judicial record;
- assist higher Courts when reviewing the proceedings;
- document significant observations concerning witnesses; and
- ensure transparency in the Court’s assessment of witness behaviour.
Relationship with Evidence
The Court’s remarks regarding demeanour should not be treated as a substitute for evaluating the actual testimony.
The evidence of the witness must still be assessed on its own merits, together with:
- consistency;
- corroboration or contradiction;
- surrounding circumstances;
- other evidence on record; and
- the overall circumstances of the case.
BNSS and CrPC
Section 315 BNSS corresponds to Section 280 of the Code of Criminal Procedure, 1973.
The basic principle has been retained: where the Judge or Magistrate considers the demeanour of a witness significant, appropriate remarks may be recorded.
Important Points
- Section 315: Remarks respecting demeanour of witness.
- It applies when a Judge or Magistrate considers the demeanour of a witness worthy of remark.
- The Judge or Magistrate may record remarks concerning the witness’s demeanour.
- Such remarks become part of the judicial record.
- Demeanour refers to the witness’s observable behaviour and manner while giving evidence.
- Demeanour alone does not determine the credibility of a witness.
- The provision may assist a higher Court when reviewing the trial record.
- Section 315 corresponds to Section 280 CrPC.
Quick Revision
- Section: 315, BNSS, 2023
- Subject: Remarks respecting demeanour of witness
- Authority: Judge or Magistrate
- What is recorded: Observations regarding witness’s demeanour
- Purpose: Preserve relevant observations in the judicial record
- Key concept: Demeanour means observable conduct or manner while giving evidence
- Important caution: Demeanour is not by itself conclusive proof of credibility
- Corresponding CrPC provision: Section 280
ALSO READ: Section 314 – Interpretation of evidence to accused or his advocate
Conclusion
Section 315 BNSS permits a Judge or Magistrate to record remarks concerning the demeanour of a witness where the Court considers such observations necessary. The provision preserves the trial Court’s direct observations of the witness as part of the judicial record, while the credibility of the witness must ultimately be determined from the evidence and circumstances of the case as a whole.
