When a presiding Judge or Magistrate has recorded the evidence of a witness, he shall also record such remarks (if any) as he thinks material respecting the demeanour of such witness whilst under examination.
Bharatiya Nagarik Suraksha Sanhita
Section 315
Remarks respecting demeanour of witness
Englishहिंदी
⚡ Quick Answer Reference: Section 315 BNSS
- Provision: Section 315 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: has been commenced under this Sanhita.
- Jurisdiction: India
- Summary: When a judge or magistrate records a witness's evidence, they must also note any comments about the witness's behavior during the examination if they think it's important.
Statutory Content
What does Section 315 of BNSS say?
Indian StandardSection 315, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 315 (India)
Court Pleading StandardSection 315 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/315
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ 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 315 of BNSS mean?
Plain English Explanation
When a judge or magistrate records a witness's evidence, they must also note any comments about the witness's behavior during the examination if they think it's important.
Practical Interpretation
This section ensures that the judge or magistrate documents their observations about the witness's demeanor, which can be useful for evaluating the witness's credibility and reliability.
Core Legal Purpose
The core purpose of this section is to provide a mechanism for judges and magistrates to record their observations about a witness's demeanor, which can aid in the evaluation of the witness's credibility and reliability.
Key Legal Elements
- •A presiding Judge or Magistrate has recorded the evidence of a witness.
- •The presiding Judge or Magistrate thinks the remarks are material.
- •The remarks are respecting the demeanour of the witness whilst under examination.
- •The remarks are recorded by the presiding Judge or Magistrate.
Practical Example
Practical Example of Section 315 BNSS
Rajesh, a police officer, is testifying in a court case. The presiding Judge, Mr. Kumar, records Rajesh's evidence and notes that Rajesh seemed nervous and fidgety during the examination. Mr. Kumar thinks this behavior is material and records his remarks in the witness's statement. This helps the court to evaluate Rajesh's credibility and reliability.
Common Questions (FAQ)
Frequently Asked Questions about Section 315 BNSS
Q: What is the purpose of recording remarks about a witness's demeanor?
The purpose is to provide a mechanism for judges and magistrates to document their observations about a witness's behavior, which can aid in evaluating the witness's credibility and reliability.
Q: Does this section apply to private individuals or public entities?
This section applies to witnesses testifying in court cases, regardless of whether they are private individuals or public entities.
Q: Is this section a procedural or penal provision?
This section is a procedural provision and does not prescribe a penal punishment.
People Also Ask (PAA)
Common Questions about Section 315 BNSS
What is Section 315 of BNSS?
Section 315 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Remarks respecting demeanour of witness". In plain terms: When a judge or magistrate records a witness's evidence, they must also note any comments about the witness's behavior during the examination if they think it's important.
What is the punishment under Section 315 of BNSS?
Section 315 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 315 of BNSS bailable or non-bailable?
Whether Section 315 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 315 of BNSS?
The essential elements of Section 315 of BNSS are: A presiding Judge or Magistrate has recorded the evidence of a witness.; The presiding Judge or Magistrate thinks the remarks are material.; The remarks are respecting the demeanour of the witness whilst under examination..
Landmark Case Laws
Landmark Judgments under Section 315 BNSS
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Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
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