Bharatiya Nagarik Suraksha Sanhita, 2023
Section 317 BNSS: Interpreter to be Bound to Interpret Truthfully
Text of Section 317 BNSS
317. Interpreter to be bound to interpret truthfully. When the services of an interpreter are required by any Criminal Court for the interpretation of any evidence or statement, he shall be bound to state the true interpretation of such evidence or statement.
Meaning and scope of Section 317
Section 317 applies when a Criminal Court requires an interpreter to translate or interpret evidence or a statement for the Court, an accused person, a witness, or another participant in the proceeding. Its central rule is simple: the interpreter must communicate the meaning truthfully and accurately.
The provision is procedural rather than a separate sentencing provision. It establishes the duty attached to the interpreter's role in a criminal proceeding. An interpreter is not expected to add an opinion, omit material words, alter the substance of an answer, or improve the language used by the person whose evidence or statement is being interpreted.
Key elements of Section 317
- Criminal Court: The section operates when interpretation is required in a proceeding before a Criminal Court.
- Interpreter: The person providing language assistance acts as a neutral communication bridge for the Court.
- Evidence or statement: The duty covers interpretation of evidence as well as statements made in the course of criminal proceedings.
- True interpretation: The interpreter must accurately convey the substance and meaning of what is said, without distortion or omission.
Why truthful interpretation matters
Criminal proceedings may involve witnesses or accused persons who do not understand the language used by the Court. Accurate interpretation enables the Court to understand evidence correctly and allows the person receiving the interpretation to follow the proceeding. A material error in interpretation can affect the reliability of the record and, depending on the circumstances, the fairness of the proceeding.
Section 317 BNSS and the former CrPC provision
Section 317 BNSS corresponds to Section 282 of the Code of Criminal Procedure, 1973. The wording of the interpreter's duty has been carried forward substantially unchanged. The BNSS is the current criminal procedure law for proceedings governed by it, subject to its commencement and saving provisions.
| Current law | Earlier provision | Subject |
|---|---|---|
| Section 317, BNSS 2023 | Section 282, CrPC 1973 | Interpreter to be bound to interpret truthfully |
When did the BNSS come into force?
The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. 46 of 2023. The Central Government appointed 1 July 2024 as the date on which the provisions of the Sanhita came into force, subject to the exception stated in the commencement notification concerning the First Schedule entry relating to Section 106(2) of the Bharatiya Nyaya Sanhita, 2023.
Practical effect in a criminal proceeding
Where an interpreter is used, the Court should be able to rely on the interpretation as an accurate rendering of the original words. The interpreter's function is therefore distinct from that of a witness or advocate. The interpreter conveys meaning; the interpreter does not supply facts, arguments, explanations, or legal advice.
Official sources
Frequently asked questions
What does Section 317 BNSS provide?
It requires an interpreter whose services are used by a Criminal Court for interpreting evidence or a statement to give the true interpretation of that evidence or statement.
Does Section 317 create a separate punishment?
Section 317 itself states the interpreter's duty. It does not, in its own text, prescribe a separate punishment.
Which CrPC section corresponds to Section 317 BNSS?
The corresponding provision in the Code of Criminal Procedure, 1973 was Section 282, titled "Interpreter to be bound to interpret truthfully."
Is Section 317 limited to witness testimony?
No. The statutory wording extends to the interpretation of any "evidence or statement" where the services of an interpreter are required by a Criminal Court.