Section 315 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Remarks Respecting Demeanour Of Witness.

BNSS Section 315: Recording Demeanour of Witness

Code: Bharatiya Nagarik Suraksha Sanhita (BNSS) Section 315

Explanation: This section mandates the presiding Judge or Magistrate to record observations about the witness’s demeanor while giving testimony. This includes noting any behavior or mannerisms that might be relevant to the credibility of the witness’s statement.

Illustration:

Imagine a witness testifying in a case. The Judge observes the witness to be nervous, hesitant, and avoiding direct eye contact. These observations, although not directly related to the facts of the case, could potentially impact the credibility of the witness’s statement. The Judge is required to record these observations in the proceedings.

Common Questions and Answers:

• Q: What constitutes “demeanour”?
• A: Demeanour encompasses the witness’s overall behavior, including body language, facial expressions, tone of voice, and general demeanor. It also includes the witness’s attitude towards the proceedings and their responses to questioning.
• Q: Why is recording demeanour important?
• A: It helps assess the credibility of the witness. Demeanour can be an indicator of truthfulness or fabrication. It also assists the Judge in determining the weight to be given to the witness’s testimony.
• Q: Is it mandatory to record every detail of the witness’s demeanour?
• A: No, only those remarks that the Judge considers “material” need to be recorded. This means the remarks should be relevant to assessing the witness’s credibility.
• Q: Who is responsible for recording the observations?
• A: The presiding Judge or Magistrate is responsible for recording the observations. This could be done by making handwritten notes during the proceedings or using a recording device.