Language of record of evidence
AI Assist
Summary
If a witness speaks the language of the Court, the evidence is recorded in that language. If the witness uses another language, it should be taken down in that language if practicable; if not practicable, a true translation into the court language must be prepared as the examination proceeds, signed by the Magistrate or presiding Judge and made part of the record. If evidence is taken down in another language, a true translation must be prepared as soon as practicable and signed. When evidence is in English and no party asks for translation, the court may dispense with it.
Example
Priya gives evidence in Marathi while the court language is Hindi. The court records her statement in Marathi and prepares a true Hindi translation as the examination proceeds, signed by the Magistrate, which becomes part of the record.
Bare Act
Enacted textIn every case where evidence is taken down under section 310 or section 311,-
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(a) if the witness gives evidence in the language of the Court, it shall be taken down in that language;
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(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;
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(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.
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