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Section 311 BNSS to Section 315 BNSS| Section 312 BNSS| Section 313 BNSS| Section 314 BNSS

Updated: Mar 1

Section 311 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):


Record in trial before Court of Session.


(1) In all trials before a Court of Session, the evidence of each witness shall, as his examination proceeds, be taken down in writing either by the presiding Judge himself or by his dictation in open Court, or under his direction and superintendence, by an officer of the Court appointed by him in this behalf.


(2) Such evidence shall ordinarily be taken down in the form of a narrative, but the presiding Judge may, in his discretion, take down, or cause to be taken down, any part of such evidence in the form of question and answer.


(3) The evidence so taken down shall be signed by the presiding Judge and shall form part of the record.


Section 312 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):


Language of record of evidence.


In every case where evidence is taken down under sections 310 or 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.


Section 313 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):


Procedure in regard to such evidence when completed.


(1) As the evidence of each witness taken under section 310 or section 311 is completed, it shall be read over to him in the presence of the accused, if in attendance, or of his advocate, if he appears by an advocate, and shall, if necessary, be corrected.


(2) If the witness denies the correctness of any part of the evidence when the same is read over to him, the Magistrate or presiding Judge may, instead of correcting the evidence, make a memorandum thereon of the objection made to it by the witness and shall add such remarks as he thinks necessary.


(3) If the record of the evidence is in a language different from that in which it has been given and the witness does not understand that language, the record shall be interpreted

to him in the language in which it was given, or in a language which he understands.


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Section 314 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):


Interpretation of evidence to accused or his advocate.


(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 an advocate and the evidence is given in a language other than the language of the Court, and not understood by the advocate, it shall be interpreted to such advocate 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.


Section 315 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):


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.

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