Bharatiya Nagarik Suraksha Sanhita, 2023
Section 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.
Why this exists
India has many languages, and a witness in a courtroom may not speak the same language the court usually works in. This rule, from Section 276 of the old CrPC, makes sure the written record stays understandable and legally reliable for later review, while avoiding unnecessary translation work when everyone involved already understands English.
Common misconceptions
- Myth: A translation must always be prepared no matter what.
Fact: If the evidence was taken down in English and no party asks for a translation into the court's language, the court can skip making one.