BNSS Section 288
Code: Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 288
Explanation:
This section deals with the language of court records and judgments in summary trials.
-
Subsection (1): Mandates that all records and judgments in summary
trials must be written in the language of the court. -
Subsection (2): Grants the High Court the authority to empower
Magistrates who try offenses summarily to delegate the preparation of records
and/or judgments to an officer appointed by the Chief Judicial Magistrate.
This prepared record or judgment must be signed by the Magistrate.
Illustration:
Imagine a Magistrate in a district where the official court language is Hindi
is trying a case of petty theft summarily. Due to a heavy workload, the
Magistrate can, with the High Court’s authorization, appoint an officer from the
Chief Judicial Magistrate’s office to prepare the record and judgment in the case.
The Magistrate will then review and sign the prepared document.
Common Questions and Answers:
-
Q: What is a summary trial?
A: A summary trial is a simplified trial for minor offenses,
conducted without a jury. -
Q: Why is it important that records and judgments be in the language of
the court?
A: It ensures accessibility and clarity for all parties involved,
including the accused, witnesses, and the public. -
Q: Can the High Court authorize an officer to prepare the record and
judgment in a language other than the court’s official language?
A: No, the record and judgment must still be written in the
court’s official language as per Section 288(1).
