top of page

Section 316 BNSS to Section 320 BNSS| Section 317 BNSS| Section 318 BNSS| Section 319 BNSS|

Section 316 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):


Record of examination of accused.


(1) Whenever the accused is examined by any Magistrate, or by a Court of Session, the whole of such examination, including every question put to him and every answer given by him, shall be recorded in full by the presiding Judge or Magistrate himself

or where he is unable to do so owing to a physical or other incapacity, under his direction

and superintendence by an officer of the Court appointed by him in this behalf.


(2) The record shall, if practicable, be in the language in which the accused is examined

or, if that is not practicable, in the language of the Court.


(3) The record shall be shown or read to the accused, or, if he does not understand the language in which it is written, shall be interpreted to him in a language which he understands, and he shall be at liberty to explain or add to his answers.


(4) It shall thereafter be signed by the accused and by the Magistrate or presiding Judge, who shall certify under his own hand that the examination was taken in his presence and hearing and that the record contains a full and true account of the statement made by

the accused:


Provided that where the accused is in custody and is examined through electronic communication, his signature shall be taken within seventy-two hours of such examination.


(5) Nothing in this section shall be deemed to apply to the examination of an accused 35 person in the course of a summary trial.


Section 317 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):


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.


Section 318 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):


Record in High Court.


Every High Court may, by general rule, prescribe the manner in which the evidence of witnesses and the examination of the accused shall be taken down in cases coming before it, and such evidence and examination shall be taken down in accordance with such rule.


B.—Commissions for the examination of witnesses


Section 319 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):


When attendance of witness may be dispensed with and commission issued.


(1) Whenever, in the course of any inquiry, trial or other proceeding under this Sanhita, it appears to a Court or Magistrate that the examination of a witness is necessary for the ends of justice, and that the attendance of such witness cannot be procured without an amount of delay, expense or inconvenience which, under the circumstances of the case,

would be unreasonable, the Court or Magistrate may dispense with such attendance and may issue a commission for the examination of the witness in accordance with the provisions of this Chapter:


Provided that where the examination of the President or the Vice-President of India or the Governor of a State or the Administrator of a Union territory as a witness is necessary for the ends of Justice, a commission shall be issued for the examination of such a witness.


(2) The Court may, when issuing a commission for the examination of a witness for the prosecution, direct that such amount as the Court considers reasonable to meet the expenses of the accused, including the pleader's fees, be paid by the prosecution.


Section 320 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):


Commission to whom to be issued.


(1) If the witness is within the territories to which this Sanhita extends, the commission shall be directed to the Chief Judicial Magistrate within whose local jurisdiction the witness is to be found.


(2) If the witness is in India, but in a State or an area to which this Sanhita does not extend, the commission shall be directed to such Court or officer as the Central Government may, by notification, specify in this behalf.


(3) If the witness is in a country or place outside India and arrangements have been made by the Central Government with the Government of such country or place for taking the evidence of witnesses in relation to criminal matters, the commission shall be issued in such form, directed to such Court or officer, and sent to such authority for transmission as the Central Government may, by notification, prescribed in this behalf.


Explore myjudix.com to get access to the most practical and efficient judiciary coaching in India with a separate customised course for prelims and separate customized course for mains.

Recent Posts

See All

Comentarios


bottom of page