BNSS Section 314: Interpretation of Evidence
Code: Bharatiya Nagarik Suraksha Sanhita (BNSS), Section 314
Explanation: This section mandates the interpretation of evidence for the accused in a criminal trial if it is given in a language they do not understand. It ensures that the accused can fully understand the proceedings and participate effectively.
Key Points
- Presence of accused: If the accused is present in court, the evidence given in an unknown language must be interpreted for them in open court in a language they understand.
- Pleader’s understanding: If the accused is represented by a pleader, and the evidence is given in a language other than the court language and not understood by the pleader, it must be interpreted for the pleader in that language.
- Documents: The court has discretion to interpret the necessary parts of documents presented for formal proof.
Illustration
Imagine a witness gives testimony in Hindi, and the accused only understands Tamil. According to Section 314, an interpreter must be present in court to translate the testimony for the accused into Tamil. This ensures that the accused can follow the proceedings and understand the evidence against them.
Common Questions and Answers
- Q: What happens if an interpreter is not available?
A: The court must make reasonable efforts to find an interpreter. If an interpreter cannot be found immediately, the proceedings may be adjourned until one is available.
- Q: Can the accused refuse an interpreter?
A: No. The accused cannot refuse interpretation if they do not understand the language of the evidence. The court has a duty to ensure fair proceedings.
- Q: Who pays for the interpreter?
A: The court usually bears the cost of the interpreter. However, if the accused has the financial means, they may be required to contribute to the cost.
