Section 288 of BNSS, 2023 — Language of Record and Judgment

Introduction

Section 288 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the language in which the record and judgment of a summary trial are to be prepared.

The provision ensures that the record and judgment are maintained in the language prescribed for the Court concerned, while also providing a mechanism for preparing the required record or judgment in another language where necessary.

Object and Purpose

Section 288 aims to:

• maintain uniformity in the language of judicial records;
• ensure that summary-trial records are properly prepared;
• make the record understandable and usable by the concerned Court; and
• provide flexibility where the prescribed language is not directly used by the Magistrate.

Essential Elements

1. Language Prescribed by the High Court

The record and judgment in a summary trial must be written in the language prescribed by the High Court.

The High Court therefore has an important role in determining the language to be used for these judicial records.

2. Record and Judgment

The provision covers both:

• the record of the summary trial; and
• the judgment delivered in the case.

Thus, the language requirement applies to the principal written documents arising from the summary proceedings.

3. Translation Where Necessary

Where the Magistrate does not write the record or judgment in the prescribed language, the provision allows the record or judgment to be translated into the language prescribed by the High Court.

This ensures that the required judicial record remains available in the appropriate language.

Procedure

The provision can be understood in the following manner:

1. A case is tried summarily.
2. The Magistrate prepares the record and judgment.
3. The language prescribed by the High Court is followed.
4. Where necessary, the record or judgment is translated into the prescribed language.
5. The required record is maintained as part of the judicial proceedings.

Importance of the Provision

The language of a judicial record is important because the record may subsequently be examined by higher Courts or used for other legal purposes.

Section 288 ensures that the record of a summary trial is maintained in the language recognised for the relevant Court.

At the same time, the provision accommodates situations where the Magistrate may use another language by providing for the necessary translation.

Relationship With Sections 285–287

Section 285 deals with the procedure for summary trials.

Section 286 deals with the record in summary trials.

Section 287 deals with the judgment in cases tried summarily.

Section 288 deals with the language in which that record and judgment are to be maintained.

Thus, these provisions form a connected framework:

• Section 285 → Procedure
• Section 286 → Record
• Section 287 → Judgment
• Section 288 → Language of record and judgment

Important Distinction

Section 288 does not determine what evidence must be recorded or how the trial is conducted.

It primarily concerns the language of the record and judgment after and during the summary proceedings.

BNSS and CrPC

Section 288 BNSS corresponds to Section 265 of the Code of Criminal Procedure, 1973.

The provision continues the principle that the language of the record and judgment in summary trials must conform to the language requirements prescribed for the relevant Court.

Common Confusions

Does Section 288 deal with the language of every criminal proceeding?

No.

It specifically concerns the language of the record and judgment in summary trials.

Who prescribes the language?

The High Court prescribes the language applicable to the relevant Court.

Is the language requirement limited to the judgment?

No.

It applies to both the record and the judgment.

What if the Magistrate uses another language?

The provision provides for the necessary translation into the prescribed language.

Topic at a Glance

• Topic: Language of record and judgment
• BNSS Section: Section 288
• Chapter: XXII
• Applies to: Summary trials
• Covers: Record and judgment
• Language: As prescribed by the High Court
• Additional mechanism: Translation where necessary
• CrPC counterpart: Section 265

Quick Revision

• Section 288 BNSS deals with the language of the record and judgment in summary trials.
• The language is determined according to what is prescribed by the High Court.
• The provision covers both the record and the judgment.
• Where necessary, translation into the prescribed language may be made.
• Section 288 follows the provisions dealing with summary-trial procedure, record and judgment.
• It corresponds to Section 265 CrPC.

ALSO READ: Section 287 – Judgment in cases tried summarily

Conclusion

Section 288 BNSS ensures that the record and judgment of a summary trial are maintained in the language prescribed for the concerned Court. By providing for translation where necessary, it combines consistency in judicial records with practical flexibility.