Code: Section 288 BNSS
288.
(1) Every such record and judgment shall be written in the language of the Court.
(2) The High Court may authorise any Magistrate empowered to try offences summarily to prepare the aforesaid record or judgment or both by means of an officer appointed in this behalf by the Chief Judicial Magistrate, and the record or judgment so prepared shall be signed by such Magistrate.
Explanation of Section 288 BNSS
Language of Record and Judgment
Section 288 of the BNSS ensures that all records and judgments in criminal trials are maintained in the official language of the Court. This provision guarantees clarity and consistency in the documentation and communication of judicial decisions.
Magistrate’s Role in Preparing Records and Judgments
Subsection (2) provides the High Court with the authority to permit a Magistrate, who is empowered to try offenses summarily, to have the record or judgment prepared by an officer designated by the Chief Judicial Magistrate. Once prepared, the record or judgment must be signed by the Magistrate, ensuring official authorization and accountability.
Illustration
Example 1: Language of Judgment
A judgment in a criminal case is delivered by the Court. To comply with Section 288, the judgment must be written in the official language of the Court, ensuring it is understood by all involved parties.
Example 2: Magistrate Preparing Records
In a case where offenses are tried summarily, the High Court authorizes a Magistrate to have the trial’s records and judgments prepared by a designated officer. The Magistrate then reviews and signs the final documents to authenticate them.
Common Questions and Answers on Section 288 BNSS
1. Why must judgments and records be written in the language of the Court?
- Answer: This ensures that all parties, including the accused and legal professionals, can fully understand the proceedings and judgment, maintaining clarity and fairness in the legal process.
2. Can the High Court authorize someone else to prepare records or judgments?
- Answer: Yes, the High Court can authorize a Magistrate to arrange for the preparation of the record or judgment by an officer appointed by the Chief Judicial Magistrate.
3. What happens after the officer prepares the record or judgment?
- Answer: Once the record or judgment is prepared, it must be signed by the Magistrate to make it officially valid.
Conclusion
Section 288 of the BNSS ensures that records and judgments in criminal trials are properly documented in the language of the Court. It also facilitates a streamlined process where, in certain cases, a Magistrate may delegate the preparation of these documents to an appointed officer. This provision enhances both the clarity and efficiency of the judicial process.
