Sections 279, 280 and 281 CrPC: Interpretation of Evidence, Witness Demeanour and Record of Examination of Accused
Sections 279, 280 and 281 of the Code of Criminal Procedure, 1973 formed part of Chapter XXIII dealing with evidence in inquiries and trials. These provisions governed interpretation of evidence for the accused or pleader, judicial remarks on the demeanour of a witness, and the manner in which the examination of an accused was to be recorded.
Section 279 CrPC - Interpretation of evidence to accused or his pleader
Meaning: Section 279 protected the ability of an accused, or where applicable the accused's pleader, to understand evidence given in Court when the evidence was in a language not understood by the person concerned.
(1) Whenever any evidence is given in a language not understood by the accused, and he is present in Court in person, it shall be interpreted to him in open Court in a language understood by him.
(2) If he appears by pleader and the evidence is given in a language other than the language of the Court, and not understood by the pleader, it shall be interpreted to such pleader in that language.
(3) When documents are put for the purpose of formal proof, it shall be in the discretion of the Court to interpret as much thereof as appears necessary.
Purpose and practical effect of Section 279
- An accused personally present in Court must be given an interpretation of evidence that the accused does not understand.
- Where the accused appears through a pleader, the provision also addresses evidence in a language different from the language of the Court and not understood by the pleader.
- For documents tendered merely for formal proof, the Court has discretion to determine how much interpretation is necessary.
Section 280 CrPC - Remarks respecting demeanour of witness
Meaning: "Demeanour" in this context refers to the conduct, manner or bearing of a witness while giving evidence. Section 280 enabled the Judge or Magistrate who recorded the evidence to preserve material observations about that demeanour as part of the judicial record.
When a presiding Judge or Magistrate has recorded the evidence of a witness, he shall also record such remarks (if any) as he thinks material respecting the demeanour of such witness whilst under examination.
The section did not require remarks in every examination. It required the presiding Judge or Magistrate to record remarks where he considered an observation about the witness's demeanour material.
Section 281 CrPC - Record of examination of accused
Meaning: Section 281 prescribed the form, language, authentication and procedural safeguards for recording the examination of an accused. It distinguished examination by a Metropolitan Magistrate from examination by other Magistrates and Courts of Session.
(1) Whenever the accused is examined by a Metropolitan Magistrate, the Magistrate shall make a memorandum of the substance of the examination of the accused in the language of the Court and such memorandum shall be signed by the Magistrate and shall form part of the record.
(2) Whenever the accused is examined by any Magistrate other than a Metropolitan Magistrate, or by a Court of Session, the whole of such examination, including every question put to him and every answer given by him, shall be recorded in full by the presiding Judge or Magistrate himself or where he is unable to do so owing to a physical or other incapacity, under his direction and superintendence by an officer of the Court appointed by him in this behalf.
(3) The record shall, if practicable, be in the language in which the accused is examined or, if that is not practicable, in the language of the Court.
(4) The record shall be shown or read to the accused, or, if he does not understand the language in which it is written, shall be interpreted to him in a language which he understands, and he shall be at liberty to explain or add to his answers.
(5) It shall thereafter be signed by the accused and by the Magistrate or presiding Judge, who shall certify under his own hand that the examination was taken in his presence and hearing and that the record contains a full and true account of the statement made by the accused.
(6) Nothing in this section shall be deemed to apply to the examination of an accused person in the course of a summary trial.
Gujarat State Amendment to Section 281(6)
For Gujarat, the State amendment inserted, after the words "the examination of an accused person" in sub-section (6), the words "either through the medium of Electronic Video Linkage or". The amendment was made by Gujarat Act 31 of 2017, Section 4.
How Sections 279, 280 and 281 worked together
| Provision | Subject | Core procedural safeguard |
|---|---|---|
| Section 279 | Interpretation of evidence | Ensured that evidence was interpreted where the accused or, in the specified situation, the pleader did not understand the language. |
| Section 280 | Demeanour of witness | Preserved material observations of the presiding Judge or Magistrate about a witness while under examination. |
| Section 281 | Examination of accused | Regulated how the accused's examination was recorded, read or interpreted, corrected or supplemented, signed and certified. |
Position after commencement of BNSS
The BNSS came into force on 1 July 2024 and repealed the CrPC. Section 531(2)(a) of the BNSS nevertheless saves an appeal, application, trial, inquiry or investigation that was pending immediately before commencement and provides for it to continue under the CrPC as it stood immediately before commencement. Accordingly, the CrPC text on this page remains relevant to proceedings falling within the statutory savings clause.
This page is intended as a legal information resource. The applicable procedure can depend on the commencement date, nature and stage of the proceeding, State amendments and judicial orders.