(1) Whenever any evidence is given in a language not understood by the accused, and he is present in Court in person, it shall be interpreted to him in open Court in a language understood by him. (2) If he appears by an advocate and the evidence is given in a language other than the language of the Court, and not understood by the advocate, it shall be interpreted to such advocate in that language. (3) When documents are put for the purpose of formal proof, it shall be in the discretion of the Court to interpret as much thereof as appears necessary.
Bharatiya Nagarik Suraksha Sanhita
Section 314
Interpretation of evidence to accused or his advocate
Englishहिंदी
⚡ Quick Answer Reference: Section 314 BNSS
- Provision: Section 314 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: has been commenced under this Sanhita.
- Jurisdiction: India
- Summary: This section ensures that evidence given in a language the accused doesn't understand is interpreted to them in court, or to their advocate if they're not present in person.
Statutory Content
What does Section 314 of BNSS say?
Indian StandardSection 314, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 314 (India)
Court Pleading StandardSection 314 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/314
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✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Arjun Choudhury (Bar Council ID: D/8734/2015).
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Section Meaning & Purpose
What does Section 314 of BNSS mean?
Plain English Explanation
This section ensures that evidence given in a language the accused doesn't understand is interpreted to them in court, or to their advocate if they're not present in person.
Practical Interpretation
In practice, this means courts must provide interpretation services to ensure the accused or their advocate understands the evidence presented against them, facilitating a fair trial.
Core Legal Purpose
The core purpose is to uphold the principle of a fair trial by ensuring the accused understands the evidence against them, regardless of the language it's presented in.
Key Legal Elements
- •The evidence must be given in a language not understood by the accused.
- •The accused must be present in court in person or represented by an advocate.
- •The court must deem interpretation necessary for a fair trial.
- •The exception is when documents are put for formal proof, interpretation is at the court's discretion.
Practical Example
Practical Example of Section 314 BNSS
Rajesh, accused of a crime, doesn't speak the language in which a key witness is testifying. The court must interpret the witness's testimony to Rajesh in a language he understands, such as Hindi, to ensure Rajesh can defend himself effectively. If Rajesh is represented by advocate Priya, who doesn't speak the witness's language, the court must interpret the testimony to Priya instead.
Common Questions (FAQ)
Frequently Asked Questions about Section 314 BNSS
Q: What is the punishment or consequence under Section 314 of BNSS?
There is no direct punishment under this section as it deals with procedural aspects of a trial, ensuring the accused's right to a fair trial is protected.
Q: Does this section apply to private individuals or public entities?
This section applies to any individual, whether a private citizen or a public figure, who is accused of a crime and stands trial, ensuring their right to understand the evidence against them is upheld.
Q: Is an offence under this section bailable or cognizable?
This section does not deal with offences but rather with procedural rights during a trial. Therefore, it does not classify an offence as bailable or cognizable.
People Also Ask (PAA)
Common Questions about Section 314 BNSS
What is Section 314 of BNSS?
Section 314 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Interpretation of evidence to accused or his advocate". In plain terms: This section ensures that evidence given in a language the accused doesn't understand is interpreted to them in court, or to their advocate if they're not present in person.
What is the punishment under Section 314 of BNSS?
Section 314 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 314 of BNSS bailable or non-bailable?
Whether Section 314 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 314 of BNSS?
The essential elements of Section 314 of BNSS are: The evidence must be given in a language not understood by the accused.; The accused must be present in court in person or represented by an advocate.; The court must deem interpretation necessary for a fair trial..
Landmark Case Laws
Landmark Judgments under Section 314 BNSS
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