Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 318
Code: Section 318 of the Bharatiya Nagarik Suraksha Sanhita (BNSS)
Explanation:
This section empowers every High Court in India to establish procedures for recording witness testimony and examining the accused in cases before it. It allows each High Court to create its own “general rule” that outlines the specific methods and practices to be followed during these legal processes.
Illustration:
For instance, a High Court might formulate a rule stipulating that witness testimonies should be recorded verbatim, using audio-visual recording equipment. This rule could also specify the format in which the examination of the accused should be documented, including any specific questions that must be asked.
Common Questions and Answers:
- Q: Who has the authority to prescribe the manner of taking evidence and examining the accused?
- A: Each High Court in India has the power to create its own rules regarding these procedures.
- Q: What is the purpose of this section?
- A: It aims to standardize the process of recording evidence and examining accused persons within each High Court’s jurisdiction.
- Q: Can different High Courts have different rules?
- A: Yes, this section allows for variations in procedures across different High Courts.