Introduction
Section 318 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the recording of proceedings and evidence in the High Court when the High Court exercises its criminal jurisdiction.
The provision lays down the manner in which evidence and proceedings are to be recorded before the High Court and provides a framework for maintaining the official judicial record.
Statutory Basis
Section 318 provides that every High Court may, by general rule or special order, regulate the manner in which evidence and proceedings are to be recorded in cases before it.
The provision recognises the special position of the High Court and allows the High Court to establish appropriate rules for maintaining records in criminal proceedings.
Power of the High Court
The High Court has the authority to regulate the manner in which its criminal proceedings and evidence are recorded.
This enables the High Court to establish procedures suited to its own functioning and administrative requirements.
Such rules may deal with matters relating to:
- recording of evidence;
- preparation of the judicial record;
- manner of maintaining records; and
- other procedural requirements concerning the record of proceedings.
Purpose of Section 318
The provision serves several important purposes:
- ensures proper maintenance of records in the High Court;
- provides procedural flexibility to High Courts;
- promotes uniformity in the recording of proceedings;
- facilitates preservation of evidence and judicial records; and
- assists in the effective administration of criminal justice.
Importance of the Record
A properly maintained record is essential because criminal proceedings may subsequently be subject to:
- appeal;
- review;
- revision;
- transfer; or
- other judicial consideration.
The record enables the Court and higher judicial authorities to examine what transpired during the proceedings.
High Court Rules
Section 318 recognises that High Courts may have their own procedural requirements concerning the recording of proceedings.
The High Court may therefore prescribe appropriate rules or issue special orders governing the preparation and maintenance of records in criminal cases.
This allows procedural requirements to accommodate the institutional and administrative needs of individual High Courts.
Relationship with Earlier Provisions
The provisions immediately preceding Section 318 deal with different aspects of recording evidence and interpretation.
Section 318 extends this framework to the High Court by providing for the regulation of records in proceedings before the High Court.
Thus, the provisions collectively address:
- recording evidence;
- language of evidence;
- interpretation;
- recording examination of the accused; and
- maintenance of records before different Courts.
Example
Suppose a criminal proceeding is being heard by a High Court in the exercise of its criminal jurisdiction.
The High Court may follow the rules and orders prescribed for recording evidence and maintaining the record of such proceedings.
These rules ensure that the evidence and proceedings are properly documented and preserved.
Importance of High Court Control
The provision gives the High Court procedural control over the manner in which its criminal records are maintained.
This is consistent with the High Court’s role in supervising the administration of criminal justice within its jurisdiction.
BNSS and CrPC
Section 318 BNSS corresponds to Section 283 of the Code of Criminal Procedure, 1973.
The basic principle of allowing the High Court to regulate the form and manner of its records has been retained.
Important Points
- Section 318: Record in High Court.
- It concerns the recording and maintenance of records in proceedings before the High Court.
- The High Court may regulate the manner of recording through general rules or special orders.
- The provision provides procedural flexibility.
- Proper records facilitate appeals, revisions and other judicial proceedings.
- Section 318 corresponds to Section 283 CrPC.
Quick Revision
- Section: 318, BNSS, 2023
- Subject: Record in High Court
- Authority: High Court
- Main power: Regulation of the manner of recording proceedings and evidence
- Method: General rules or special orders
- Purpose: Proper and consistent maintenance of High Court records
- Importance: Facilitates further judicial examination of proceedings
- Corresponding CrPC provision: Section 283
ALSO READ: Section 316 – Record of examination of accused
Conclusion
Section 318 BNSS provides for the regulation of records in the High Court. It enables the High Court to prescribe, through general rules or special orders, the manner in which evidence and proceedings are recorded and maintained. The provision ensures that criminal proceedings before the High Court have a proper and reliable judicial record.
