Section 313 BNSS: Procedure in regard to such evidence when completed (Formerly Section 278 CrPC)

Section 313 of Bharatiya Nagarik Suraksha Sanhita, 2023: Procedure in regard to such evidence when completed

Official Bare Act Text

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

(1) As the evidence of each witness taken under section 310 or section 311 is completed, it shall be read over to him in the presence of the accused, if in attendance, or of his advocate, if he appears by an advocate, and shall, if necessary, be corrected.

(2) If the witness denies the correctness of any part of the evidence when the same is read over to him, the Magistrate or presiding Judge may, instead of correcting the evidence, make a memorandum thereon of the objection made to it by the witness and shall add such remarks as he thinks necessary.

(3) If the record of the evidence is in a language different from that in which it has been given and the witness does not understand that language, the record shall be interpreted to him in the language in which it was given, or in a language which he understands.

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 313

Section 313 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 278 of the CrPC, 1973) dictates the mandatory procedure upon completion of evidence, requiring it to be read over to the witness in the presence of the accused or their advocate.

Reading Over Evidence: As the evidence of each witness taken under Section 310 or 311 is completed, it shall be read over to the witness in the presence of the accused or their advocate.
Correction of Mistakes: If the witness denies the correctness of any part, the Magistrate or Sessions Judge may correct it or make a memorandum of the objection.
Language Translation: If the evidence is in a language different from that spoken by the witness and the witness does not understand it, it must be interpreted to the witness.

Key Landmark Precedents:

Mir Mohd. Omar v. State of W.B., (1989) 4 SCC 436: The Supreme Court authoritatively held that reading over evidence under Section 278 CrPC is to ensure that the record faithfully represents what the witness said; it cannot be abused by a witness to retract admissions or rewrite evidence.
Babu v. State of U.P., (1983) 2 SCC 21: Held that non-compliance with the reading-over procedure is an irregularity curable under Section 465 CrPC / 504 BNSS unless serious prejudice is demonstrated.

Courtroom Practice & Strategic Litigation Guidance:

Ensure you remain present when the deposition is read over to the witness; prevent witnesses from attempting to dilute devastating admissions made during cross-examination under the pretext of 'corrections'.