(1) Every such record and judgment shall be written in the language of the Court. (2) The High Court may authorise any Magistrate empowered to try offences summarily to prepare the aforesaid record or judgment or both by means of an officer appointed in this behalf by the Chief Judicial Magistrate, and the record or judgment so prepared shall be signed by such Magistrate.
Bharatiya Nagarik Suraksha Sanhita
Section 288
Language of record and judgment
Englishहिंदी
⚡ Quick Answer Reference: Section 288 BNSS
- Provision: Section 288 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: SUMMARY TRIALS
- Jurisdiction: India
- Summary: This section states that court records and judgments must be written in the language of the court. It also allows the High Court to authorize magistrates to prepare records or judgments through appointed officers.
Statutory Content
What does Section 288 of BNSS say?
Indian StandardSection 288, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 288 (India)
Court Pleading StandardSection 288 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/288
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Priya Menon (Bar Council ID: MAH/4521/2018).
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Section Meaning & Purpose
What does Section 288 of BNSS mean?
Plain English Explanation
This section states that court records and judgments must be written in the language of the court. It also allows the High Court to authorize magistrates to prepare records or judgments through appointed officers.
Practical Interpretation
In practice, this section ensures that court proceedings are conducted and recorded in a language understood by the court, facilitating clarity and consistency in legal proceedings.
Core Legal Purpose
The core purpose of this section is to standardize the language used in court records and judgments, ensuring that all legal proceedings are conducted in a uniform and understandable manner.
Key Legal Elements
- •The record and judgment must be written in the language of the court.
- •The High Court has the authority to authorize magistrates to prepare records or judgments through appointed officers.
- •The record or judgment prepared by the officer must be signed by the magistrate.
- •The High Court's authorization is a key exception that allows for flexibility in the preparation of records and judgments.
Practical Example
Practical Example of Section 288 BNSS
For instance, in a case before the Mumbai Sessions Court, Judge Rajesh may authorize Magistrate Priya to prepare the record of a summary trial through an officer appointed by the Chief Judicial Magistrate. The record, once prepared, must be signed by Magistrate Priya, ensuring that the language used is consistent with the court's language.
Common Questions (FAQ)
Frequently Asked Questions about Section 288 BNSS
Q: What is the punishment or consequence under Section 288 of BNSS?
There is no specific punishment mentioned under this section, as it primarily deals with procedural aspects of court records and judgments.
Q: Does this section apply to private individuals or public entities?
This section applies to court proceedings and is relevant to public entities, such as courts and magistrates, rather than private individuals.
Q: Is an offence under this section bailable or cognizable?
This section does not deal with criminal offences, and therefore, the concepts of bailable or cognizable do not apply.
People Also Ask (PAA)
Common Questions about Section 288 BNSS
What is Section 288 of BNSS?
Section 288 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Language of record and judgment". In plain terms: This section states that court records and judgments must be written in the language of the court. It also allows the High Court to authorize magistrates to prepare records or judgments through appointed officers.
What is the punishment under Section 288 of BNSS?
Section 288 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 288 of BNSS bailable or non-bailable?
Whether Section 288 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 288 of BNSS?
The essential elements of Section 288 of BNSS are: The record and judgment must be written in the language of the court.; The High Court has the authority to authorize magistrates to prepare records or judgments through appointed officers.; The record or judgment prepared by the officer must be signed by the magistrate..
Landmark Case Laws
Landmark Judgments under Section 288 BNSS
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Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
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