Bharatiya Nagarik Suraksha Sanhita

Section 318

Record in High Court

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⚡ Quick Answer Reference: Section 318 BNSS

Provision: Section 318 of BNSS
Act: Bharatiya Nagarik Suraksha Sanhita
Classification: has been commenced under this Sanhita.
Jurisdiction: India
Summary: This section allows the High Court to create a general rule on how to record witness evidence and examine the accused in cases it handles. The rule must be followed when taking down evidence and conducting examinations.

Statutory Content

What does Section 318 of BNSS say?

Every High Court may, by general rule, prescribe the manner in which the evidence of witnesses and the examination of the accused shall be taken down in cases coming before it, and such evidence and examination shall be taken down in accordance with such rule. B.—Commissions for the examination of witnesses

Indian StandardSection 318, Bharatiya Nagarik Suraksha Sanhita

Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 318 (India)

Court Pleading StandardSection 318 of the Bharatiya Nagarik Suraksha Sanhita

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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 318 of BNSS mean?

Plain English Explanation

This section allows the High Court to create a general rule on how to record witness evidence and examine the accused in cases it handles. The rule must be followed when taking down evidence and conducting examinations.

Practical Interpretation

In practice, this section empowers the High Court to standardize the process of recording witness testimony and examining the accused, ensuring consistency and fairness in its proceedings.

Core Legal Purpose

The core purpose of this section is to provide a framework for the High Court to manage the recording of evidence and examinations, promoting efficiency and transparency in its operations.

Key Legal Elements

•The High Court may prescribe a general rule for recording witness evidence and examining the accused.
•The rule must be followed when taking down evidence and conducting examinations.
•The rule is to be made by the High Court, giving it discretion to determine the manner of recording evidence and examinations.
•There is no specific limitation or exception mentioned in the section, implying that the High Court has broad discretion to create the rule.

Practical Example

Practical Example of Section 318 BNSS

Rajesh, a lawyer, is representing Priya in a case before the High Court. The court decides to create a general rule for recording witness evidence and examining the accused. The rule requires that all witness testimony be recorded in writing and that the accused be given an opportunity to cross-examine witnesses. In accordance with this rule, the court records the evidence of witnesses and examines the accused, following the prescribed procedure.

Common Questions (FAQ)

Frequently Asked Questions about Section 318 BNSS

Q: What is the punishment or consequence under Section 318 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 the High Court, which is a public entity.

Q: Is an offence under this section bailable or cognizable?

This section is a procedural provision and does not relate to criminal offenses, so it is neither bailable nor cognizable.

Common Questions about Section 318 BNSS

What is Section 318 of BNSS?

Section 318 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Record in High Court". In plain terms: This section allows the High Court to create a general rule on how to record witness evidence and examine the accused in cases it handles. The rule must be followed when taking down evidence and conducting examinations.

What is the punishment under Section 318 of BNSS?

Section 318 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 318 of BNSS bailable or non-bailable?

Whether Section 318 of BNSS is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 318 of BNSS?

The essential elements of Section 318 of BNSS are: The High Court may prescribe a general rule for recording witness evidence and examining the accused.; The rule must be followed when taking down evidence and conducting examinations.; The rule is to be made by the High Court, giving it discretion to determine the manner of recording evidence and examinations..

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