Language of record and judgement
Section 265 of the Code of Criminal Procedure, 1973 deals with language of record and judgement. Every such record and judgment shall be written in the language of the Court. The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
(1) Every such record and
judgment shall be written in the language of the Court.
(2) The High Court may authorise any Magistrate empowered to try offences summarily to prepare the aforesaid record or judgment or both by means of an officer appointed in this behalf by the Chief Judicial Magistrate, and the record or judgment so prepared shall be signed by such Magistrate.
CHAP
ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS.
CHAPTER XXII
ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS
Section 265, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 288 Language of record and judgment Close, with changes 71%
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 The repealed enactment still governs what happened while it was in force.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.
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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N.d. Ashwani vs Union of India& ORS.
Court's Decision & Legal Precedent
When a trial court, after examining evidence on record, finds legally admissible evidence indicating the complicity of a person in the commission of an offence, the trial court has the discretion to summon that person as an accused under Section 319 Cr.P.C., and the High Court will not interfere with such discretionary order under Section 482 Cr.P.C. unless the order suffers from illegality or infirmity. The mere fact that the investigating agency did not charge-sheet a person does not preclude the trial court from summoning that person if evidence during trial indicates complicity.
On this section: Plea bargain provisions allowing accused to plead guilty and receive reduced sentence
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.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… Resultantly, valuable time of the Court is saved. Thus, I pass following order regarding disposal of the case under section 265-E of Cr.P.C.: - - O R D E R - - 1] The case is disposed off through process of plea bargaining under section 265-E of Code of Criminal Procedure. - 2] The accused are convicted for the offence punishable under Sec. 431, 188 of IPC, Sec. 102 of B.P. Act, Sec. 122-177 of M.V. Act, Sec. 3 of Damages of Public property Act and Section 3 of Defacement of Public Property Act and instead of sentencing once they are hereby …
Questions about Section 265
What have the courts held on Section 265 of the Code of Criminal Procedure?
N.d. Ashwani vs Union of India& ORS. (23 May 2019) is the leading judgment on this section among those set out below: Plea bargain provisions allowing accused to plead guilty and receive reduced sentence.
How do I find court cases under Section 265 of the Code of Criminal Procedure?
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: CRPC 265, section 265 CRPC, section 265 of the Code of Criminal Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with N.d. Ashwani vs Union of India& ORS. (23 May 2019).
What should I read with Section 265 of the Code of Criminal Procedure, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNSS 288 (Language of record and judgment), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 265 of the Code of Criminal Procedure come into force?
Section 265 of the Code of Criminal Procedure, cited as CRPC 265, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 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. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.