Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 313
Code: Section 313 of the Bharatiya Nagarik Suraksha Sanhita (BNSS)
Explanation:
This section deals with the procedure for recording and verifying witness statements during a criminal trial. It outlines the steps to ensure the accuracy and authenticity of the recorded evidence.
- Subsection (1): After each witness’s testimony is recorded under Sections 310 or 311, it must be read back to them in the presence of the accused (if present) or their lawyer (if represented). This allows the witness to verify the accuracy of the recorded statement and make any necessary corrections.
- Subsection (2): If the witness disputes any portion of the recorded statement, the Magistrate or presiding Judge can either correct the evidence or simply note the witness’s objection in the record. The Judge can also add any relevant remarks regarding the objection.
- Subsection (3): If the witness statement is recorded in a language they don’t understand, the record must be translated for them into their own language or a language they understand. This ensures that the witness fully comprehends the contents of their statement.
Illustration:
During a trial, a witness testifies in Hindi. The court recorder records the statement in English. After the testimony, the statement is read back to the witness in English. However, the witness only speaks Hindi. In this case, the court will arrange for a Hindi interpreter to translate the English record into Hindi for the witness to verify.
Common Questions and Answers:
- Q: What is the purpose of reading back the witness statement?
A: To ensure the accuracy and completeness of the recorded evidence and to allow the witness to correct any errors or omissions. - Q: What happens if a witness denies the accuracy of their statement?
A: The Magistrate or Judge will record the objection and may add relevant remarks. - Q: What if the witness does not understand the language in which the statement was recorded?
A: The statement must be translated for the witness to understand and verify its accuracy.
