CHAPTER XXIII - EVIDENCE IN INQUIRIES AND TRIALS
A—Mode of taking and recording evidence
272. Language of Courts -
The
State Government may determine what shall be, for purposes of this Code, the
language of
each
Court within the State other than the High Court.
273. Evidence to be taken in presence of accused.
Except
as otherwise expressly provided, all evidence taken in the course of the trial
or other
proceeding
shall be taken in the presence of the accused or, when his personal attendance
is
dispensed
with, in the presence of his pleader.
Explanation— In this section
"accused" "includes a person in relation to whom any proceeding
under
Chapter Viii has been commenced under this Code.
274. Record in summons-cases and inquiries.
(1)
In all summons-cases tried before a Magistrate, in all inquiries under sections
145 to 148
(both
inclusive), and in all proceedings under section 446 otherwise than in the
course of a trial,
the
Magistrate shall, as the examination of each witness proceeds, make a
memorandum of the
substance
of the evidence in the language of the Court:
Provided
that if the Magistrate is unable to make such memorandum himself, he shall
after
recording the reason of his inability, cause such memorandum to be made in
writing or
from
his dictation in open Court.
(2)
Such memorandum shall be signed by the Magistrate and shall form part of the
record.
275. Record in warrant-cases.
(1)
In all warrant-cases tried before a Magistrate, the evidence of each witness
shall, as his
examination
proceeds, be taken down in writing either by the Magistrate himself or by his
dictation
in open Court or, where he is unable to do so owing to a physical or other
incapacity,
under
his direction and superintendence, by an officer of the Court appointed by him
in this
behalf.
(2)
Where the Magistrate causes the evidence to be taken down, he shall record a
certificate that
the
evidence could not be taken down by himself for the reasons referred to in
sub-section (1).
(3)
Such evidence shall ordinarily be taken down in the form of a narrative, by the
Magistrate
may,
in his discretion take down, or cause to be taken down, any part of such
evidence in the
form
of question and answer.
(4)
The evidence so taken down shall be signed by the Magistrate and shall form
part of the
record.
277. Language of record of evidence.
In
every case where evidence is taken down under section 275 or section 276,—
(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.
278. Procedure in regard to such evidence when completed.
(1)
As the evidence of each witness taken under section 275 or section 276 is
completed, it shall
be
read over to him in the presence of the accused, if in attendance, or of his
pleader, if he
appears
by pleader, 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.
Comments
Object
of section 278 is not intended to permit a witness to resile from his statement
in the name
of
correction; Mir Mohd. Omar v. State of West Bengal, (1989) Cr LJ 2070: AIR 1989 SC 1875.
279. Interpretation of evidence to accused or his pleader.
(1)
Whenever any evidence is given in a language not understood by the accused, and
he is
present
in Court in person, it shall be interpreted to him in open Court in a language
understood
by
him.
(2)
If he appears by pleader and the evidence is given in a language other than the
language of
the
Court and not understood by the pleader, it shall be interpreted to such
pleader in that
language.
(3)
When documents are put for the purpose of formal proof, it shall be in the
discretion of the
Court
to interpret as much thereof as appears necessary.
280. Remarks respecting demeanour of witness.
When
a Presiding Judge or magistrate has recorded the evidence of a witnesses, he
shall also
record
such remarks (if any) as he thinks material respecting the demeanour of such
witness
whilst
under examination.
281. Record of examination of accused.
(1)
Whenever the accused is examined by a Metropolitan Magistrate, the Magistrate
shall make a
memorandum
of the substance of the examination of the accused in the language of the Court
and
such memorandum shall be signed by the Magistrate and shall form part of the
record.
(2)
Whenever the accused is examined by any Magistrate other than a Metropolitan
Magistrate,
or
by a Court of Session, the whole of such examination, including every question
put to him and
every
answer given by him, shall be recorded in full by the Presiding Judge or
Magistrate
himself
or where he is unable to do so owing to a physical or other incapacity, under
his
direction
and superintendence by an officer of the Court appointed by him in this behalf.
(3)
The record shall, if practicable, be in the language in which the accused is
examined or, if
that
is not practicable in the language of the Court.
(4)
The record shall be shown or read to the accused, or, if he does not understand
the language
in
which it is written, shall be interpreted to him in a language which he
understands, and he
shall
be at liberty to explain or add to his answers.
(5)
It shall thereafter be signed by the accused and by the Magistrate or Presiding
Judge, who
shall
certify under his own hand that the examination was taken in his presence and
hearing and
that
the record contains a full and true account of the statement made by the
accused.
(6)
Nothing in this section shall be deemed to apply to the examination of an
accused person in
the
course of a summary trial.
282. Interpreter to be bound to interpret truthfully.
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.
283. Record in High Court.
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.
