Section 315 BNSS: Remarks Respecting Demeanour of Witness
Section 315 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the duty of the presiding Judge or Magistrate to record any material remarks about the demeanour of a witness while that witness is being examined.
Text of Section 315 BNSS
315. Remarks respecting demeanour of witness. 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.
Meaning of Section 315 BNSS
The word demeanour refers to the manner, conduct, appearance or behaviour of a witness while giving evidence. Section 315 enables the Judge or Magistrate who directly observes the witness during examination to place on record any behavioural feature that the Court considers material.
The provision does not require a comment in every case. The words "if any" and "as he thinks material" show that a remark is to be recorded only when the presiding judicial officer considers an observed aspect of the witness's demeanour relevant enough to form part of the record.
Key Requirements
| Who may record the remark? | The presiding Judge or Magistrate who has recorded the evidence of the witness. |
|---|---|
| When is it recorded? | In connection with the witness's examination and the recording of that witness's evidence. |
| Is a remark compulsory in every case? | No. The section contemplates remarks only when there is something the Court considers material to record. |
| What may be noted? | Material observations concerning the witness's demeanour while under examination. |
| Purpose | To preserve on the judicial record a material first-hand observation made by the Court while the witness was giving evidence. |
Why Demeanour Remarks Can Matter
A written deposition records the spoken evidence, but it may not capture every material aspect of how that evidence was delivered. Section 315 allows the Court to preserve a limited first-hand observation about conduct seen during examination when the Court considers that observation material.
Such a remark is part of the judicial record, but it should be read together with the testimony and the other evidence in the case. The provision itself does not create a separate rule that demeanour alone determines whether a witness is truthful or whether a fact is proved.
Relationship with Nearby BNSS Provisions
Section 315 appears in the group of BNSS provisions dealing with the recording and interpretation of evidence in criminal proceedings. It follows Section 314 BNSS, which deals with interpretation of evidence to the accused or the accused's advocate, and precedes Section 316 BNSS, which deals with the record of examination of the accused.
Corresponding Provision under the Code of Criminal Procedure, 1973
Section 315 BNSS substantially carries forward the rule previously contained in Section 280 of the Code of Criminal Procedure, 1973, which also dealt with remarks respecting the demeanour of a witness.
The BNSS came into force on 1 July 2024. For older or pending proceedings, the applicable procedural law may also require consideration of the repeal and savings provisions of the BNSS.
Frequently Asked Questions
Does Section 315 require the Judge to comment on every witness?
No. A remark is required only where the presiding Judge or Magistrate thinks that there is something material concerning the witness's demeanour that should be recorded.
Can Section 315 apply during cross-examination?
The section refers generally to the witness being "under examination". A material observation made while the witness is being examined may therefore be recorded by the presiding Court.
Is Section 315 BNSS the same as old Section 280 CrPC?
The operative rule is substantially the same. Both provisions concern recording material remarks about the demeanour of a witness by the presiding Judge or Magistrate.
Official Reference
The authoritative statutory text should be checked from the official Government of India source: India Code - Bharatiya Nagarik Suraksha Sanhita, 2023.