Introduction
Section 307 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the language to be used by Criminal Courts.
The provision recognises that the language of subordinate Criminal Courts is determined by the State Government, subject to the directions of the High Court. It therefore provides a framework for determining the language in which proceedings and court-related work are conducted.
Statutory Basis
Section 307 provides that the State Government may determine what shall, for the purposes of this Sanhita, be deemed to be the language of each Court within the State other than the High Court.
The determination is made subject to the directions of the High Court.
Thus, the provision primarily concerns the language of courts below the High Court.
Power of the State Government
The State Government has the power to determine the language of:
- Courts within the State; and
- Courts other than the High Court.
The determination is made for the purposes of the BNSS.
This allows the language of criminal courts to be aligned with the linguistic conditions and administrative requirements of the particular State.
Role of the High Court
Although the State Government determines the language of subordinate Criminal Courts, this power is subject to the directions of the High Court.
The High Court therefore exercises an important supervisory role over the language framework applicable to subordinate courts.
The provision maintains a balance between:
- the administrative authority of the State Government; and
- the supervisory authority of the High Court.
High Court Excluded
Section 307 specifically applies to Courts other than the High Court.
Therefore, the provision does not empower the State Government to determine the language of the High Court under this section.
The provision is primarily concerned with subordinate Criminal Courts functioning within the State.
Purpose of Section 307
The main purposes of the provision are:
- to establish a clear language for subordinate Criminal Courts;
- to facilitate the conduct of criminal proceedings;
- to provide administrative uniformity within the State;
- to accommodate the linguistic requirements of different States; and
- to preserve the supervisory role of the High Court.
Scope of the Provision
Section 307 does not itself prescribe one particular language for all Criminal Courts across India.
Instead, it provides a mechanism through which the State Government determines the language applicable to courts within that State, subject to the directions of the High Court.
Therefore, the language may differ from one State to another.
Example
Suppose a State Government determines, subject to the directions of the High Court, that a particular regional language shall be the language of subordinate Criminal Courts in the State.
The subordinate Criminal Courts covered by the Government’s determination may conduct their court-related proceedings in that language in accordance with the applicable legal framework.
Important Distinction
Language of Subordinate Courts and Language of High Court
Section 307 concerns the language of Courts other than the High Court.
The State Government’s power under this provision therefore does not extend to determining the language of the High Court.
State Government and High Court
The State Government determines the language of subordinate Courts.
The High Court retains supervisory authority through its directions.
Thus, the State Government’s power is not completely independent of the High Court.
BNSS and CrPC
Section 307 BNSS corresponds to Section 272 of the Code of Criminal Procedure, 1973.
The basic framework has been substantially retained. Both provisions deal with the determination of the language of Courts other than the High Court by the State Government.
There is no major substantive change in the basic arrangement.
Important BNSS Provisions
- Section 307: Language of Courts.
- Section 308: Evidence to be taken in presence of accused.
- Section 309: Record in certain cases.
- Section 310: Interpretation of evidence to accused or advocate.
- Section 311: Language of record of evidence.
- Section 312: Interpretation of evidence to accused or advocate.
These provisions together deal with various aspects of language, recording and interpretation in criminal proceedings.
Quick Revision
- Section: 307, BNSS, 2023
- Subject: Language of Courts
- Authority: State Government
- Courts covered: Courts within the State other than the High Court
- Purpose: Determination of the language of subordinate Criminal Courts
- Limitation: Subject to the directions of the High Court
- High Court: Not covered by the State Government’s power under this section
- Nature: Procedural and administrative provision
- Corresponding CrPC provision: Section 272
ALSO READ: Section 306 – Power to issue commission for examination of witness in prison
Conclusion
Section 307 BNSS establishes the framework for determining the language of subordinate Criminal Courts. It gives the State Government the authority to determine the applicable language while keeping that power subject to the directions of the High Court. The provision therefore accommodates State-specific linguistic requirements while maintaining judicial supervision over the functioning of subordinate Courts.
