Section 318 BNSS: Record in High Court (Formerly Section 283 CrPC)

Section 318 of Bharatiya Nagarik Suraksha Sanhita, 2023: Record in High Court

Official Bare Act Text

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

Every High Court may, by general rule, prescribe the manner in which the evidence of witnesses and the examination of the accused shall be taken down in cases coming before it, and such evidence and examination shall be taken down in accordance with such rule.

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 318

Section 318 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 283 of the CrPC, 1973) empowers High Courts to make rules for the recording of evidence and examination of accused in cases tried before them.

High Court Rule-Making: The High Court may, by general rule, prescribe the manner in which evidence of witnesses and examination of the accused shall be taken down in cases coming before it.
Administrative Autonomy: Enables High Courts to adapt their internal original or appellate recording protocols to contemporary technological tools.
Conformity with Fair Trial: Rules made under this section must conform to the overarching constitutional guarantees of fair trial under Article 21.

Key Landmark Precedents:

Madhu Limaye v. State of Maharashtra, (1977) 4 SCC 551: The Supreme Court noted that High Court procedural rules are subservient to fundamental procedural fairness and statutory mandates.
P. Ramachandra Rao v. State of Karnataka, (2002) 4 SCC 578: Reaffirmed that rule-making powers under the Code cannot erode the substantive rights of litigants to a fair and expeditious trial.

Courtroom Practice & Strategic Litigation Guidance:

Check the High Court Original Side Rules or High Court Criminal Practice Rules applicable in your state when conducting original criminal trials or revisions before the High Court.