Language of record of evidence
AI Assist
Summary
Record evidence in the court's language whenever possible. If a witness speaks another language, the record may be made in that language if practicable; if not, a true translation into the court language must be prepared as the examination proceeds, signed by the Magistrate or Presiding Judge, and included in the record. If evidence is taken down in English and no party asks for translation into the court language, the court may dispense with translating.
Example
Meera is called as a witness and speaks Telugu while the Magistrate's court language is Hindi. If practicable, the clerk may record her answers in Telugu; if not, a true Hindi translation must be prepared as she testifies, signed by the Magistrate and placed on the record. If her evidence had been recorded in English and no party demanded a Hindi translation, the court could skip translating it.
Bare Act
Enacted textIn every case where evidence is taken down under section 275 or section 276,
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(a) 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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