BNSS Section 312 — Language of record of evidence

CHAPTER XXV EVIDENCE IN INQUIRIES AND TRIALS

Criminal

Summary

When a witness gives evidence in the language of the court, the court must write it down in that same language. If the witness speaks a different language, the court may write it down in that language if possible; if not, the court must prepare a true translation into the court's language as the witness speaks, and the judge or magistrate must sign it to make it part of the official record. If the evidence is recorded in a language other than the court's language, a true translation into the court's language must be prepared as soon as possible, signed, and added to the record. However, if the evidence is recorded in English and no party asks for a translation into the court's language, the court may skip making that translation.

Official Text

In every case where evidence is taken down under section 310 or section 311,—

(a) if the witness gives evidence in the language of the Court, it shall be taken down in that language;

(b) if he gives evidence in any other language, it may, if practicable, be taken down in that language, and if it is not practicable to do so, a true translation of the evidence in the language of the Court shall be prepared as the examination of the witness proceeds, signed by the Magistrate or presiding Judge, and shall form part of the record;

(c) where under clause (b) evidence is taken down in a language other than the language of the Court, a true translation thereof in the language of the Court shall be prepared as soon as practicable, signed by the Magistrate or presiding Judge, and shall form part of the record:

Provided that when under clause (b) evidence is taken down in English and a translation thereof in the language of the Court is not required by any of the parties, the Court may dispense with such translation.

Related Judgments

  • SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
  • SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
  • SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
  • .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
  • SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
  • SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
  • SC (2024) Vol.12 p.335 — Supreme Court of India (2024)
  • SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)

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