In every case where evidence is taken down under section 310 or section 311,— (a) if the witness gives evidence in the language of the Court, it shall be taken down in that language; (b) if he gives evidence in any other language, it may, if practicable, be taken down in that language, and if it is not practicable to do so, a true translation of the evidence in the language of the Court shall be prepared as the examination of the witness proceeds, signed by the Magistrate or presiding Judge, and shall form part of the record; (c) where under clause (b) evidence is taken down in a language other than the language of the Court, a true translation thereof in the language of the Court shall be prepared as soon as practicable, signed by the Magistrate or presiding Judge, and shall form part of the record: Provided that when under clause (b) evidence is taken down in English and a translation thereof in the language of the Court is not required by any of the parties, the Court may dispense with such translation.
Bharatiya Nagarik Suraksha Sanhita
Section 312
Language of record of evidence
⚡ Quick Answer Reference: Section 312 BNSS
- Provision: Section 312 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: has been commenced under this Sanhita.
- Jurisdiction: India
- Summary: This section explains how evidence is recorded in court. If a witness speaks in the same language as the court, the evidence is recorded in that language. If the witness speaks a different language, the evidence is recorded in that language if possible. If not, a translation into the court's language is made as the witness speaks, and this translation becomes part of the record.
What does Section 312 of BNSS say?
Embed this Section Card
Want to display this Section explanation card on your website? Copy and paste the HTML code below:
What does Section 312 of BNSS mean?
Plain English Explanation
This section explains how evidence is recorded in court. If a witness speaks in the same language as the court, the evidence is recorded in that language. If the witness speaks a different language, the evidence is recorded in that language if possible. If not, a translation into the court's language is made as the witness speaks, and this translation becomes part of the record.
Practical Interpretation
In practice, this section means that court proceedings can be conducted in any language, but the record of evidence must be in a language that the court can understand. This ensures that the court can accurately assess the evidence presented.
Core Legal Purpose
The core purpose of this section is to ensure that the record of evidence in court is accurate and accessible to the court, regardless of the language in which the witness testifies.
- •Evidence is taken down under Section 310 or Section 311.
- •The witness gives evidence in the language of the court or a different language.
- •A true translation of the evidence in the language of the court is prepared if the witness speaks a different language.
- •The translation is signed by the Magistrate or presiding Judge and forms part of the record.
Practical Example of Section 312 BNSS
Rajesh, a witness, speaks Hindi in a court case in Delhi. The court proceedings are conducted in Hindi, and Rajesh's evidence is recorded in Hindi. However, the court's language is English. In this case, a translation of Rajesh's evidence into English is prepared as he speaks, and this translation becomes part of the record. The translation is signed by the Magistrate and ensures that the court can accurately assess Rajesh's evidence.
Frequently Asked Questions about Section 312 BNSS
Q: What is the punishment or consequence under Section 312 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to all individuals who give evidence in court, regardless of whether they are private individuals or public entities.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not prescribe a penal punishment, so it is neither bailable nor cognizable.
Common Questions about Section 312 BNSS
What is Section 312 of BNSS?
Section 312 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Language of record of evidence". In plain terms: This section explains how evidence is recorded in court. If a witness speaks in the same language as the court, the evidence is recorded in that language. If the witness speaks a different language, the evidence is recorded in that language if possible. If not, a translation into the court's language is made as the witness speaks, and this translation becomes part of the record.
What is the punishment under Section 312 of BNSS?
Section 312 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 312 of BNSS bailable or non-bailable?
Whether Section 312 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 312 of BNSS?
The essential elements of Section 312 of BNSS are: Evidence is taken down under Section 310 or Section 311.; The witness gives evidence in the language of the court or a different language.; A true translation of the evidence in the language of the court is prepared if the witness speaks a different language..
Landmark Judgments under Section 312 BNSS
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 312
Ask Nyaya AI About Section 312
Select a pre-configured prompt to run this section through the grounded research engine.