Sections 272, 273, 274 and 275 CrPC: Language of Courts and Recording of Evidence

Section 272 CrPC - Language of Courts

Meaning: Section 272 empowers the State Government to determine the language to be used by each criminal court in the State, except the High Court, for purposes of the Code.

This provision therefore concerns the official court language in which proceedings and records under the CrPC may be conducted or prepared in subordinate criminal courts. The provision itself excludes the High Court from this power.

Section 273 CrPC - Evidence to be Taken in Presence of Accused

Meaning: As a general rule, evidence taken during a trial or other proceeding must be recorded in the presence of the accused. Where the court has dispensed with the accused's personal attendance, evidence is to be taken in the presence of the accused's pleader, subject to provisions of law permitting otherwise.

For evidence of a woman below eighteen years who is alleged to have been subjected to rape or another sexual offence, the court may adopt appropriate measures so that she is not confronted by the accused while preserving the accused's right of cross-examination.

The Explanation to Section 273 extends the expression "accused" to a person in relation to whom proceedings under Chapter VIII of the CrPC have commenced.

State amendments to Section 273

Gujarat: The State amendment permits use of electronic video linkage where the court, on its own motion or on an application, directs it in the interests of justice. See Gujarat Act 31 of 2017.

Jharkhand: The State amendment provides for the accused to be present either in person or through electronic video linkage. See Jharkhand Act 2 of 2016.

The protective proviso concerning a woman below eighteen years was inserted by Act 13 of 2013 with effect from 3 February 2013.

Section 274 CrPC - Record in Summons-Cases and Inquiries

Meaning: Section 274 prescribes a comparatively concise method of recording evidence in summons-cases and specified inquiries and proceedings before a Magistrate.

In summons-cases tried before a Magistrate, inquiries under Sections 145 to 148, and proceedings under Section 446 otherwise than in the course of a trial, the Magistrate must make a memorandum of the substance of each witness's evidence in the language of the Court as the examination proceeds.

If the Magistrate is unable to prepare the memorandum personally, the reason must be recorded and the memorandum may be made in writing or from the Magistrate's dictation in open court. The memorandum must be signed by the Magistrate and forms part of the judicial record.

Section 275 CrPC - Record in Warrant-Cases

Meaning: Section 275 lays down the method for recording witness evidence in warrant-cases tried before a Magistrate.

The evidence of each witness is taken down as the examination proceeds. It may be recorded by the Magistrate personally, by the Magistrate's dictation in open court, or, where physical or other incapacity prevents the Magistrate from doing so, under the Magistrate's direction and superintendence by an appointed court officer.

Evidence may also be recorded by audio-video electronic means in the presence of the advocate of the person accused. Where the Magistrate causes the evidence to be taken down because of the incapacity contemplated by sub-section (1), the Magistrate must record the required certificate.

The evidence is ordinarily recorded in narrative form, although the Magistrate may record, or cause to be recorded, any part in question-and-answer form. The recorded evidence must be signed by the Magistrate and becomes part of the record.

The audio-video recording proviso was inserted by Act 5 of 2009 with effect from 31 December 2009.