Sections 282, 283 and 284 CrPC: Interpreter, High Court Record and Commission for Examination of Witness
Sections 282, 283 and 284 of the Code of Criminal Procedure, 1973 formed part of Chapter XXIII dealing with evidence in inquiries and trials. This article explains these provisions in the legal framework applicable before the Bharatiya Nagarik Suraksha Sanhita, 2023 came into force.
| CrPC provision | Subject | Corresponding BNSS provision |
|---|---|---|
| Section 282 | Interpreter to be bound to interpret truthfully | Section 317 |
| Section 283 | Record in High Court | Section 318 |
| Section 284 | When attendance of witness may be dispensed with and commission issued | Section 319 |
Section 282 CrPC - Interpreter to be bound to interpret truthfully
Section 282 required an interpreter whose services were used by a Criminal Court for interpreting evidence or a statement to give a true interpretation of that evidence or statement.
Meaning and purpose
An interpreter acts as the linguistic link between the Court and a person whose evidence or statement requires interpretation. The provision imposed a direct obligation of truthful interpretation so that the judicial record reflects the actual meaning of what was stated and the fairness of the proceeding is protected.
Section 283 CrPC - Record in High Court
Section 283 empowered every High Court, by general rule, to prescribe how the evidence of witnesses and the examination of an accused were to be recorded in cases coming before that High Court. Evidence and examination were required to be recorded in accordance with the applicable rule.
Effect of the provision
The section recognized the High Court's rule-making authority over the manner of recording evidence and examination in proceedings before it. Accordingly, the applicable High Court rules were relevant to the form and method in which such material was taken down.
Section 284 CrPC - When attendance of witness may be dispensed with and commission issued
Section 284 dealt with circumstances in which a Court or Magistrate could dispense with the personal attendance of a witness and issue a commission for examination of that witness.
Conditions for issuing a commission
During an inquiry, trial or other proceeding under the CrPC, the Court or Magistrate could use this procedure where examination of the witness was necessary for the ends of justice but procuring the witness's attendance would involve delay, expense or inconvenience that was unreasonable in the circumstances. The witness could then be examined on commission in accordance with the provisions of the Chapter.
President, Vice-President, Governor or Administrator
Where examination of the President or Vice-President of India, the Governor of a State, or the Administrator of a Union Territory was necessary for the ends of justice, Section 284 required a commission to be issued for examination of that witness.
Expenses of the accused
When a commission was issued to examine a prosecution witness, the Court could direct the prosecution to pay a reasonable amount towards the expenses of the accused, including pleader's fees.
How Sections 282, 283 and 284 worked together
These provisions addressed different practical aspects of receiving and recording evidence. Section 282 protected accuracy where interpretation was required; Section 283 permitted the High Court to regulate the recording of evidence and examination before it; and Section 284 provided a mechanism for taking necessary witness evidence by commission where personal attendance would cause unreasonable delay, expense or inconvenience.
Position after implementation of BNSS
The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the CrPC framework for the new procedural regime. For current proceedings, readers should consult the applicable BNSS provisions and any saving or transitional provisions relevant to the particular case. The corresponding subjects appear in BNSS Sections 317, 318 and 319.