Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 312
Code: Section 312 of the Bharatiya Nagarik Suraksha Sanhita (BNSS)
Explanation:
This section deals with the recording of evidence in criminal proceedings when a witness gives evidence in a language different from the language of the court. It outlines the procedures for recording evidence in such cases, ensuring accuracy and accessibility.
Illustration:
Imagine a case where the court proceedings are conducted in Hindi, but a witness speaks only in Tamil. Here’s how Section 312 applies:
- (a) If the witness chooses to give evidence in Hindi (the language of the court), the evidence will be recorded in Hindi.
- (b) If the witness gives evidence in Tamil, the court can, if possible, record the evidence directly in Tamil. If it is impractical to do so, a true translation of the Tamil evidence into Hindi will be prepared as the witness testifies. This translation, signed by the Magistrate or presiding Judge, will become part of the official court record.
- (c) Even if the evidence was initially recorded in Tamil, a separate true translation of the evidence into Hindi must be prepared as soon as possible. This translation, also signed by the Magistrate or presiding Judge, will be included in the court record.
- Provided that: If the evidence is initially recorded in English and none of the parties request a translation into the language of the court (Hindi in this example), the court can waive the requirement for such a translation.
Common Questions and Answers:
- Q: What if the witness speaks multiple languages?
A: The witness can choose the language they are most comfortable with to give evidence.
- Q: Who is responsible for providing a translator?
A: The court is usually responsible for providing a qualified translator for the witness if the witness’s language is different from the language of the court.
- Q: What happens if there is a dispute about the accuracy of the translation?
A: The court can appoint an independent expert to verify the accuracy of the translation.
