(1) As the evidence of each witness taken under section 310 or section 311 is completed, it shall be read over to him in the presence of the accused, if in attendance, or of his advocate, if he appears by an advocate, and shall, if necessary, be corrected. (2) If the witness denies the correctness of any part of the evidence when the same is read over to him, the Magistrate or presiding Judge may, instead of correcting the evidence, make a memorandum thereon of the objection made to it by the witness and shall add such remarks as he thinks necessary. (3) If the record of the evidence is in a language different from that in which it has been given and the witness does not understand that language, the record shall be interpreted to him in the language in which it was given, or in a language which he understands.
Bharatiya Nagarik Suraksha Sanhita
Section 313
Procedure in regard to such evidence when completed
⚡ Quick Answer Reference: Section 313 BNSS
- Provision: Section 313 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: has been commenced under this Sanhita.
- Jurisdiction: India
- Summary: When a witness finishes giving their evidence, it must be read back to them in the presence of the accused or their lawyer. If the witness disagrees with any part of the evidence, the Magistrate or Judge may make a note of the disagreement and add any necessary comments. If the evidence is in a language the witness doesn't understand, it must be translated for them.
What does Section 313 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 313 of BNSS mean?
Plain English Explanation
When a witness finishes giving their evidence, it must be read back to them in the presence of the accused or their lawyer. If the witness disagrees with any part of the evidence, the Magistrate or Judge may make a note of the disagreement and add any necessary comments. If the evidence is in a language the witness doesn't understand, it must be translated for them.
Practical Interpretation
This section ensures that witnesses understand and agree with their evidence before it is finalized. It also allows for any discrepancies or disagreements to be noted and addressed. In practice, this means that witnesses will be given the opportunity to review and confirm their evidence, and any issues will be documented.
Core Legal Purpose
The core purpose of this section is to ensure the accuracy and reliability of witness evidence. By requiring witnesses to review and confirm their evidence, and by allowing for any discrepancies to be noted, this section helps to prevent errors and ensure that the evidence is reliable.
- •The witness's evidence must be completed before it can be read back to them.
- •The witness must be present when their evidence is read back to them.
- •The accused or their lawyer must also be present when the evidence is read back.
- •If the witness disagrees with any part of their evidence, the Magistrate or Judge may make a note of the disagreement.
Practical Example of Section 313 BNSS
Rajesh is a witness in a case where he is being questioned about a robbery. After he finishes giving his evidence, the Magistrate reads it back to him in the presence of the accused, Amit. Rajesh notices that one part of his evidence is incorrect and points it out to the Magistrate. The Magistrate makes a note of the discrepancy and adds a comment to the evidence. Rajesh is then satisfied that his evidence is accurate and complete.
Frequently Asked Questions about Section 313 BNSS
Q: What is the purpose of reading back evidence to a witness?
The purpose of reading back evidence to a witness is to ensure that they understand and agree with their evidence before it is finalized.
Q: Does this section apply to all witnesses?
Yes, this section applies to all witnesses who give evidence in a case.
Q: Is this section a procedural or penal provision?
This section is a procedural provision and does not prescribe a penal punishment.
Common Questions about Section 313 BNSS
What is Section 313 of BNSS?
Section 313 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Procedure in regard to such evidence when completed". In plain terms: When a witness finishes giving their evidence, it must be read back to them in the presence of the accused or their lawyer. If the witness disagrees with any part of the evidence, the Magistrate or Judge may make a note of the disagreement and add any necessary comments. If the evidence is in a language the witness doesn't understand, it must be translated for them.
What is the punishment under Section 313 of BNSS?
Section 313 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 313 of BNSS bailable or non-bailable?
Whether Section 313 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 313 of BNSS?
The essential elements of Section 313 of BNSS are: The witness's evidence must be completed before it can be read back to them.; The witness must be present when their evidence is read back to them.; The accused or their lawyer must also be present when the evidence is read back..
Landmark Judgments under Section 313 BNSS
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 313
Ask Nyaya AI About Section 313
Select a pre-configured prompt to run this section through the grounded research engine.