Language of record of evidence
Section 312 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with language of record of evidence. In every case where evidence is taken down under section 310 or section 311,--- (a) if the witness gives evidence in the language of the Court, it shall be taken down in that language; The Act came into force on 01 Jul 2024.
In every case where evidence is taken down under section 310 or section 311,---
(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.
Section 312, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 277 Language of record of evidence Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Referred to by 1
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Littu @ Anuj Yadav @ Littu Yadav @ Anuj Kumar vs The State of Bihar
Decided under Code of Criminal Procedure 277, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
In rape cases, the testimony of the victim is vital and corroboration is not mandatory if the victim's evidence inspires confidence and is found to be reliable. The victim of sexual assault is not an accomplice but a victim of another person's lust, and her evidence must receive the same weight as that of an injured witness. Substantial compliance with procedural requirements regarding recording of evidence through interpreters and medical examination of accused does not vitiate the prosecution case if the core evidence of rape is established through credible victim testimony supported by medical evidence and identification of accused.
On this section: Language of record of evidence; applied to determine admissibility of evidence recorded through interpreter in foreign language
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K. Velu vs Thyagarajan Kuppuswamy
Decided under Code of Criminal Procedure 277, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Language barrier and difficulty in deposing in court language do not constitute valid grounds for transfer of criminal case from a court of competent jurisdiction to another court, as Section 277 CrPC provides adequate statutory procedure for trial court to address such difficulties during the course of trial.
On this section: Prescribes procedure for trial court when witness has difficulty deposing in court language; court held this procedure adequately addresses language barriers and negates need for case transfer
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 312
What have the courts held on Section 312 of the Bharatiya Nagarik Suraksha Sanhita?
Littu @ Anuj Yadav @ Littu Yadav @ Anuj Kumar vs The State of Bihar (27 Jul 2017) is the leading judgment on this section among those set out below, though it was decided under CRPC 277, which this section replaced -- the court never mentioned this Act: Language of record of evidence; applied to determine admissibility of evidence recorded through interpreter in foreign language. Another 1 judgment on this section is set out below. They run from 2010 to 2017.
How do I find court cases under Section 312 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 312, section 312 BNSS, section 312 of the Bharatiya Nagarik Suraksha Sanhita. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Littu @ Anuj Yadav @ Littu Yadav @ Anuj Kumar vs The State of Bihar (27 Jul 2017).
What should I read with Section 312 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
Its own text turns on section 310 (Record in warrant-cases), section 311 (Record in trial before Court of Session), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it. It carries forward CrPC 277 (Language of record of evidence), so the judgments decided under that provision are the case law on this one.
When did Section 312 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 312 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 312, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.