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BNSS, 2023
Start Practicing
BNSSChapter XXVSection 313
Section313

Procedure in regard to such evidence when completed

AI Assist

Summary

When a witness finishes giving evidence it must be read back to the witness in the presence of the accused or the accused's advocate, and corrected if necessary. If the witness objects to any part, the Magistrate or presiding Judge may record the objection instead of altering the record and may add remarks. If the record is in a language the witness does not understand, it must be interpreted to him in the language he used or understands.

Example

Priya gives evidence about a neighbour dispute. After her statement is recorded it is read back to her in the presence of the accused's advocate; she says one sentence is wrong, so the Magistrate makes a memorandum of her objection and adds remarks. The record was kept in English but she only understands Hindi, so it is interpreted to her in Hindi.

Bare Act

Enacted text

(1) As the evidence of each witness taken under section 310 or section 311 is completed, it shall be read over to him in the presence of the accused, if in attendance, or of his advocate, if he appears by an advocate, 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.

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XXV

Chapter XXV

Evidence in Inquiries and Trials

In this chapter

  • 307Language of Courts
  • 308Evidence to be taken in presence of accused
  • 309Record in summonscases and inquiries
  • 310Record in warrant-cases
  • 311Record in trial before Court of Session
  • 312Language of record of evidence
  • 313Procedure in regard to such evidence when completed
  • 314Interpretation of evidence to accused or his advocate
  • 315Remarks Respecting demeanour of witness
  • 316Record of Examination of accused
  • 317Interpreter to be bound to interpret truthfully
  • 318Record in High Court
  • 319When attendance of witness may be dispensed with and commission issued
  • 320Commission to whom to be issued
  • 321Execution of commissions
  • 322Parties may examine witnesses
  • 323Return of commission
  • 324Adjournment of proceeding
  • 325Execution of Foreign commissions
  • 326Deposition of Medical witness
  • 327Identification report of Magistrate
  • 328Evidence of officers of Mint
  • 329Reports of Certain Government Scientific experts
  • 330No formal proof of certain documents
  • 331Affidavit in proof of conduct of public servants
  • 332Evidence of formal character on affidavit
  • 333Authorities before whom affidavits may be sworn
  • 334Previous conviction or acquittal how proved
  • 335Record of evidence in absence of accused
  • 336Evidence of public servants, experts, police officers in certain cases
Previous · Section 312Language of record of evidenceNext · Section 314Interpretation of evidence to accused or his advocate