Section 288 BNSS: Language of record and judgment (Formerly Section 277 CrPC)

Section 288 of Bharatiya Nagarik Suraksha Sanhita, 2023: Language of record and judgment

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) Every such record and judgment shall be written in the language of the Court.

(2) The High Court may authorise any Magistrate empowered to try offences summarily to prepare the aforesaid record or judgment or both by means of an officer appointed in this behalf by the Chief Judicial Magistrate, and the record or judgment so prepared shall be signed by such Magistrate.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 288

Section 288 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 265 of the CrPC, 1973) governs the language and signing requirements of records and judgments in summary trials.

Language of the Court: Every record and judgment in a summary trial must be written in the language of the Court.
Magistrate's Personal Signature: The Magistrate must sign the record and judgment personally; use of rubber stamps or unverified abbreviations is forbidden.
Authorized Stenographer Transcription: Where authorized by the High Court, the record may be taken down by an officer of the Court, but the judgment must be signed by the Magistrate.

Key Landmark Precedents:

Pranab Kumar Mitra v. State of W.B., AIR 1959 SC 144: Emphasized that compliance with statutory signing and authentication requirements is a condition precedent to the validity of criminal judgments.
State of Punjab v. Satnam Singh, 1991 Cri LJ 1120: Held that an unsigned or stamp-initialed summary judgment lacks legal efficacy and cannot sustain a criminal sentence.

Courtroom Practice & Strategic Litigation Guidance:

Always check certified copies of summary judgments to verify personal judicial signatures and proper court language compliance before initiating statutory revisions.