Section 315 BNSS: Remarks respecting demeanour of witness (Formerly Section 280 CrPC)

Section 315 of Bharatiya Nagarik Suraksha Sanhita, 2023: Remarks respecting demeanour of witness

Official Bare Act Text

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

When a presiding Judge or Magistrate has recorded the evidence of a witness, he shall also record such remarks (if any) as he thinks material respecting the demeanour of such witness whilst under examination.

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 315

Section 315 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 280 of the CrPC, 1973) empowers the presiding Judge or Magistrate to record remarks respecting the demeanour of a witness while under examination.

Demeanour Recording: The presiding officer may record such remarks (if any) as they think material respecting the demeanour of any witness whilst under examination.
Contemporaneous Observation: Must reflect actual observations during the deposition, such as hesitation, evasion, excessive sweating, arrogance, or coaching cues.
Appellate Weight: Trial court demeanour notes carry immense weight before appellate courts, which do not have the advantage of observing the witness directly.

Key Landmark Precedents:

Sarwan Singh v. State of Punjab, AIR 1957 SC 637: The Supreme Court held that the trial court's assessment of witness demeanour is entitled to great respect by appellate courts unless contradicted by intrinsic documentary evidence.
Vadivelu Thevar v. State of Madras, AIR 1957 SC 614: Reaffirmed that the credibility of a witness is reflected not merely in printed words but in their courtroom demeanour recorded by the trial judge.

Courtroom Practice & Strategic Litigation Guidance:

When a hostile or tutored witness pauses excessively or looks towards the investigating officer for answers, draw the court's attention to this conduct and request a contemporaneous judicial note under Section 315.