1. State the code

Section 282 of the Code of Criminal Procedure, 1973 (CrPC) states:

“Every interpreter shall, before he begins to interpret, be sworn or affirmed to interpret truly and faithfully.”

2. Explain it

This section emphasizes the crucial role of interpreters in the criminal justice system. It mandates that interpreters, who facilitate communication between parties who speak different languages, must be sworn in or affirmed before they commence interpreting. This oath or affirmation ensures that the interpreter will faithfully and truthfully convey the meaning of the statements and questions during proceedings.

The duty of truthful interpretation is paramount to ensuring fairness and accuracy in legal proceedings. A misinterpretation can significantly impact the course of a case, leading to potential miscarriages of justice.

3. Illustrate it

Consider a scenario where a defendant who speaks only Hindi is being interrogated by a police officer who speaks only English. An interpreter is called upon to facilitate the conversation. Before the interpreter begins their work, they are sworn in to ensure they will faithfully translate all communication between the defendant and the officer. This oath guarantees that the defendant’s statements and the officer’s questions are accurately conveyed, preventing any misinterpretations that could harm the defendant’s rights.

4. Common Questions and Answers

Q: Who can be an interpreter under CrPC Section 282?

A: Any person who is competent to interpret the language in question can be appointed as an interpreter. This could be a professional interpreter, a language teacher, or someone else who is fluent in both languages.

Q: What happens if an interpreter fails to interpret truthfully?

A: An interpreter who fails to interpret truthfully can be held liable for contempt of court or other legal sanctions. This underscores the seriousness of the responsibility entrusted to interpreters.

Q: Is an interpreter required in every case where there is a language barrier?

A: While not mandated in every situation, interpreters are crucial in cases where a party cannot understand or communicate effectively in the language of the court. It is generally considered good practice to appoint an interpreter whenever there is a language barrier to ensure fairness and procedural justice.