Section 312 BNSS: Language of Record of Evidence
Section 312 of the Bharatiya Nagarik Suraksha Sanhita, 2023 lays down the language in which witness evidence must be recorded when evidence is taken under Section 310 BNSS or Section 311 BNSS. The provision is part of Chapter XXV dealing with evidence in inquiries and trials.
In force: The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. 46 of 2023 and came into force on 1 July 2024, subject to the notified exception relating to Section 106(2).
Purpose of Section 312: To ensure that recorded testimony is preserved in the language of the Court or is accompanied by a true translation that forms part of the judicial record.
Text of Section 312 BNSS
312. Language of record of evidence. 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.
Meaning and Practical Effect of Section 312
Section 312 applies only where evidence is being recorded under Sections 310 or 311. Section 310 governs the record of evidence in warrant-cases tried before a Magistrate, while Section 311 governs the record of evidence in trials before a Court of Session.
1. Evidence given in the language of the Court
If a witness testifies in the language of the Court, the evidence must be recorded in that same language. This is the direct rule in clause (a).
2. Evidence given in another language
If the witness speaks in a different language, the Court may record the evidence in that language when practicable. If that is not practicable, a true translation in the language of the Court must be prepared while the examination proceeds. The translation must be signed by the Magistrate or presiding Judge and becomes part of the record.
3. Translation after evidence is recorded in another language
Where the evidence itself is recorded in a language different from the language of the Court, clause (c) requires a true translation into the language of the Court to be prepared as soon as practicable. That translation must also be signed by the Magistrate or presiding Judge and form part of the record.
4. Exception where evidence is recorded in English
The proviso allows the Court to dispense with translation when the evidence has been recorded in English and none of the parties requires a translation into the language of the Court.