सं Samvidhan

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 315

Remarks respecting demeanour of witness

Why this exists

A witness's tone, hesitation, or body language, known as demeanour, can affect how believable their testimony seems. This provision, from Section 280 of the old CrPC, lets the judge preserve those firsthand impressions in writing, since a higher court reading only the typed transcript later cannot see or hear the witness in person.

Common misconceptions
  • Myth: A judge's demeanour notes are hard, objective proof of lying or truth-telling.
    Fact: These notes are the judge's personal observations, useful for weighing credibility, but they are not conclusive proof by themselves.