Introduction
Section 317 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the duty of an interpreter during criminal proceedings.
The provision requires an interpreter who is engaged to interpret evidence or statements during Court proceedings to interpret truthfully and accurately.
Statutory Basis
Section 317 provides that when an interpreter is employed for the purposes of any proceeding under the BNSS, the interpreter is required to interpret truthfully.
The provision imposes a legal duty on the interpreter to faithfully communicate what is said in one language into another language without deliberately altering or misrepresenting its meaning.
Duty of the Interpreter
The central requirement under Section 317 is truthful interpretation.
An interpreter must:
- faithfully convey the meaning of the words spoken;
- avoid deliberately changing the substance of a statement;
- accurately communicate questions and answers;
- avoid inserting personal opinions or explanations that alter the meaning; and
- maintain the integrity of the judicial proceedings.
The interpreter therefore acts as a linguistic intermediary and must not distort the communication between the Court and the participants.
Why Truthful Interpretation Is Important
Language can directly affect the fairness and accuracy of a criminal proceeding.
If an interpreter deliberately gives an incorrect interpretation, it may result in:
- a witness’s evidence being misunderstood;
- the accused misunderstanding the proceedings;
- incorrect recording of statements;
- prejudice to the prosecution or defence; and
- an inaccurate judicial record.
Section 317 therefore protects the reliability of proceedings where interpretation is required.
Applicability
The provision applies when an interpreter is employed in proceedings under the BNSS.
The interpreter’s obligation is not merely professional or administrative. The provision expressly requires truthful interpretation in the context of judicial proceedings.
Relationship with Earlier Provisions
Sections dealing with the language of Courts, recording of evidence and interpretation ensure that participants can understand the proceedings despite language differences.
Section 317 strengthens these safeguards by imposing a specific obligation on the interpreter to interpret truthfully.
Thus, the sequence may be understood as:
- Language of Court → determines the applicable court language.
- Recording of evidence → ensures evidence is properly recorded.
- Interpretation → enables participants to understand proceedings.
- Section 317 → requires the interpreter to perform this function truthfully.
Example
Suppose a witness gives evidence in a regional language while the Court conducts proceedings in another language.
An interpreter communicates the witness’s answers to the Court.
If the witness states one thing but the interpreter deliberately communicates a different meaning, the interpreter would fail to comply with the duty imposed by Section 317.
The interpreter must instead communicate the witness’s evidence truthfully.
Importance in Criminal Trials
The role of an interpreter can be particularly important where:
- the accused does not understand the language of the Court;
- a witness gives evidence in another language;
- documents or statements require interpretation; or
- communication between the Court and a participant depends upon interpretation.
Accurate interpretation helps ensure that the proceedings remain understandable and fair to all concerned.
Difference Between Interpreter and Translator
An interpreter generally deals with spoken communication, such as questions and answers during Court proceedings.
A translator ordinarily deals with converting written material from one language into another.
Section 317 specifically concerns the duty of an interpreter engaged in proceedings.
Purpose of Section 317
The provision aims to:
- ensure truthful interpretation;
- preserve the accuracy of evidence and statements;
- prevent distortion of communications;
- protect the fairness of proceedings; and
- maintain the integrity of the judicial process.
BNSS and CrPC
Section 317 BNSS corresponds to Section 282 of the Code of Criminal Procedure, 1973.
The basic principle has been retained: an interpreter employed in proceedings must interpret truthfully.
Important Points
- Section 317: Interpreter to be bound to interpret truthfully.
- It applies to an interpreter employed in proceedings under the BNSS.
- The interpreter has a duty to interpret truthfully.
- The interpreter must not deliberately alter or distort the meaning of statements.
- Accurate interpretation protects the fairness and reliability of criminal proceedings.
- The provision supports the language and interpretation safeguards contained in the BNSS.
- Section 317 corresponds to Section 282 CrPC.
Quick Revision
- Section: 317, BNSS, 2023
- Subject: Interpreter to be bound to interpret truthfully
- Person concerned: Interpreter
- Main duty: Truthful and accurate interpretation
- Purpose: Prevent distortion of evidence or statements
- Importance: Protects accuracy and fairness of proceedings
- Corresponding CrPC provision: Section 282
ALSO READ: Section 316 – Record of examination of accused
Conclusion
Section 317 BNSS imposes a clear duty on an interpreter employed in criminal proceedings to interpret truthfully. Accurate interpretation is essential because an incorrect interpretation can affect evidence, statements, the accused’s understanding and ultimately the fairness of the proceedings. The provision therefore safeguards the integrity and reliability of criminal trials involving language differences.
