Section 312 BNSS: Language of record of evidence (Formerly Section 277 CrPC)

Section 312 of Bharatiya Nagarik Suraksha Sanhita, 2023: Language of record of evidence

Official Bare Act Text

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

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.

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 312

Section 312 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 277 of the CrPC, 1973) governs the language in which evidence must be recorded across criminal trials.

Court Language vs. Witness Language: If witness deposes in the language of the Court, it is taken down in that language; if in another language, it may be taken down in that language if practicable, or translated into the language of the Court.
English Deposition: Where evidence is given in English and an English record is not required, the Court may take it down in the Court language, providing a true translation.
Authentication of Translation: Any translation made under this section forms part of the judicial record.

Key Landmark Precedents:

State of Rajasthan v. Darshan Singh, (2012) 5 SCC 789: The Supreme Court held that the deposition of a deaf and dumb or non-vernacular witness recorded with the aid of an interpreter is valid evidence under the Code.
Gurbachan Singh v. State of Punjab, AIR 1957 SC 623: Emphasized that an accused cannot claim prejudice merely because evidence was recorded in court language unless substantial injustice is established.

Courtroom Practice & Strategic Litigation Guidance:

If a witness deposes in a dialect with specific colloquial nuances that alter criminal intent (mens rea), insist that the vernacular phrase be noted in brackets alongside the English translation.