Sections 276, 277 and 278 CrPC: Record in Sessions Trial, Language of Evidence and Procedure After Recording
Sections 276, 277 and 278 of the Code of Criminal Procedure, 1973 formed part of Chapter XXIII, dealing with evidence in inquiries and trials. They prescribed how evidence was recorded in a trial before a Court of Session, the language in which the record was to be prepared, and the procedure to be followed after a witness's evidence was completed.
Applicable-law note: This article explains the CrPC position applicable before implementation of the Bharatiya Nagarik Suraksha Sanhita, 2023. The BNSS replaced the CrPC with effect from 1 July 2024, subject to applicable saving and transitional provisions. For proceedings governed by the earlier Code, the relevant CrPC provisions and saved legal consequences should be examined according to the facts and commencement of the proceeding.
Section 276 CrPC - Record in trial before Court of Session
Meaning: Section 276 prescribed the manner in which the testimony of a witness was to be recorded during a Sessions trial.
Sub-section (1): In every trial before a Court of Session, the evidence of each witness was required to be taken down in writing as the examination proceeded. It could be recorded by the presiding Judge personally, by dictation in open Court, or, under the Judge's direction and supervision, by a Court officer appointed for that purpose.
Sub-section (2): Evidence was ordinarily to be recorded in narrative form. The presiding Judge could, in his discretion, record or cause any part of the evidence to be recorded in question-and-answer form.
Sub-section (3): The evidence so recorded had to be signed by the presiding Judge and became part of the judicial record.
The form of sub-section (2) reflected the substitution made by Act 45 of 1978 with effect from 18 December 1978.
Section 277 CrPC - Language of record of evidence
Meaning: Section 277 regulated the language of evidence recorded under Sections 275 and 276 and ensured that evidence given in a language different from the language of the Court was properly recorded or translated.
Clause (a): If a witness gave evidence in the language of the Court, the evidence was to be recorded in that language.
Clause (b): If evidence was given in another language, it could, where practicable, be recorded in that language. If that was not practicable, a true translation in the language of the Court was to be prepared as the examination proceeded, signed by the Magistrate or presiding Judge, and made part of the record.
Clause (c): Where the evidence itself was recorded in a language other than the language of the Court, a true translation into the language of the Court was to be prepared as soon as practicable, signed by the Magistrate or presiding Judge, and included in the record.
Proviso: If the evidence was recorded in English and none of the parties required a translation into the language of the Court, the Court could dispense with that translation.
Section 278 CrPC - Procedure after the evidence of a witness is completed
Meaning: Section 278 provided a verification and correction procedure after completion of the evidence of each witness recorded under Section 275 or Section 276.
Sub-section (1): After a witness's evidence was completed, it was to be read over to the witness in the presence of the accused, if present, or the accused's pleader where appearance was through a pleader. Necessary corrections could then be made.
Sub-section (2): If the witness disputed the correctness of any portion, the Magistrate or presiding Judge could, instead of altering the record, make a memorandum of the witness's objection and add such remarks as considered necessary.
Sub-section (3): Where the record was in a language different from the language in which the witness testified, and the witness did not understand the recorded language, the record had to be interpreted to the witness in the language in which the evidence was given or another language understood by the witness.
Gujarat State Amendment to Section 278
The Gujarat amendment added provisions concerning evidence taken through Electronic Video Linkage. In substance, the ordinary read-over procedure in sub-sections (1) to (3) was made inapplicable where evidence under Section 273 was taken through Electronic Video Linkage, and such electronically recorded evidence was treated as an electronic record for the stated statutory purpose. The amendment was introduced by Gujarat Act 31 of 2017.
How Sections 276, 277 and 278 worked together
These provisions formed a connected procedural scheme. Section 276 dealt with the actual recording of testimony in a Sessions trial. Section 277 addressed the language of the record and translation where required. Section 278 then provided an opportunity for the completed testimony to be read over, corrected where necessary, and interpreted to the witness when the recorded language was not understood by the witness.
Related CrPC provisions
These sections should be read with the surrounding provisions in Chapter XXIII, including Sections 272 to 275 on the language of Courts, presence of the accused, and recording of evidence in summons cases, inquiries and warrant cases, as well as Sections 279 to 281 concerning interpretation to the accused, remarks on the demeanour of witnesses, and recording the examination of the accused.