Section 317 BNSS: Interpreter to be bound to interpret truthfully (Formerly Section 282 CrPC)

Section 317 of Bharatiya Nagarik Suraksha Sanhita, 2023: Interpreter to be bound to interpret truthfully

Official Bare Act Text

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

When the services of an interpreter are required by any Criminal Court for the interpretation of any evidence or statement, he shall be bound to state the true interpretation of such evidence or statement.

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 317

Section 317 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 282 of the CrPC, 1973) binds interpreters and translators to perform their duties truthfully under legal oath.

Truthful Interpretation Obligation: When the services of an interpreter are used, they shall be bound to state the true interpretation of evidence or statement.
Legal Oath / Affirmation: The interpreter must take an oath or solemn affirmation to render faithful, accurate, and unbiased translations.
Penal Sanction: Intentionally furnishing a false translation or interpretation exposes the interpreter to prosecution for perjury under the BNS.

Key Landmark Precedents:

State v. Banshi, AIR 1969 Raj 180: The High Court emphasized that an interpreter is an officer of the court for the time being, and any deliberate distortion invalidates the entire trial record.
Kunal Saha v. Dr. Sukumar Mukherjee, (2011) 13 SCC 98: Reiterated that accuracy in translation is vital where medical or technical foreign terms govern criminal culpability.

Courtroom Practice & Strategic Litigation Guidance:

If an interpreter appears biased, unskilled, or casually summarises rather than translating verbatim, object immediately and request an independent certified translator under Section 317.