Remarks respecting demeanour of witness
Section 280 of the Code of Criminal Procedure, 1973 deals with remarks respecting demeanour of witness. When a presiding Judge or Magistrate has recorded the evidence of a witness, he shall also record such remarks (if any) as he thinks material respecting the demeanour of such witness whilst under examination. 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 Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried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.
When a presiding Judge or Magistrate has recorded the evidence of a witness, he shall also record such remarks (if any) as he thinks material respecting the demeanour of such witness whilst under examination.
Section 280, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 315 Remarks respecting demeanour of witness 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 The repealed enactment still governs what happened while it was in force.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.
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.
-
Rankanidhi Behera vs State
Court's Decision & Legal Precedent
The testimony of a child witness aged 11-12 years, when subjected to heightened scrutiny and found to be clear, cogent, reliable and trustworthy, can form the sole basis for conviction in a murder case, particularly when: (1) the child's presence at the scene of occurrence is natural and undisputed; (2) the child's testimony is corroborated by medical evidence and recovery evidence; (3) the child witness demonstrates confidence and consistency in core facts despite minor contradictions in peripheral details; (4) the trial judge's observation regarding the demeanor of the child witness supports credibility; and (5) voluntary intoxication of the accused cannot serve as a defense to negate the intention required for murder under Section 302 IPC.
On this section: Power of Presiding Judge to record remarks respecting demeanor of witness. Applied to justify the trial judge's observation regarding the demeanor and confidence of P.W.2 during examination.
-
BHOOP SINGH vs STATE
Court's Decision & Legal Precedent
The examination of prosecution witnesses in the absence of defence counsel violates the constitutional right to legal representation guaranteed under Article 22(1) of the Constitution of India and principles of natural justice. It is the constitutional duty of the trial court to ensure that an accused person is represented by counsel during the entire course of trial, particularly during examination of prosecution witnesses. The absence of defence counsel during such examination renders the trial fundamentally unfair and vitiates the conviction, necessitating remand for proper cross-examination of witnesses with legal representation.
On this section: Demeanour of witnesses; importance of noting demeanour during examination and cross-examination
-
Sarjan Singh @ Ramakant Singh& ORS. vs The State of Bihar
Court's Decision & Legal Precedent
When prosecution witnesses are materially inconsistent with each other and the informant is inconsistent with his own earlier written report, and when the place of occurrence itself is not properly established or is contradicted by investigating officer's findings, the conviction cannot be sustained as the prosecution has failed to prove its case beyond reasonable doubt. Inconsistency in witness testimonies regarding material facts, particularly regarding the place of occurrence and the sequence of events, is fatal to the prosecution case and warrants acquittal.
On this section: Demeanor of witness as admissible evidence; court noted that witness demeanor is admissible and evidence must be perceived in that background
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 280
What have the courts held on Section 280 of the Code of Criminal Procedure?
Rankanidhi Behera vs State (24 Jul 2024) is the leading judgment on this section among those set out below: Power of Presiding Judge to record remarks respecting demeanor of witness. Applied to justify the trial judge's observation regarding the demeanor and confidence of P.W.2 during examination. Another 2 judgments on this section are set out below. They run from 2018 to 2024.
How do I find court cases under Section 280 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 280, section 280 CRPC, section 280 of the Code of Criminal Procedure. People searching for it also type crpc 280 in bnss and 280 cr pc. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with Rankanidhi Behera vs State (24 Jul 2024).
What should I read with Section 280 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 315 (Remarks respecting demeanour of witness), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 280 of the Code of Criminal Procedure come into force?
Section 280 of the Code of Criminal Procedure, cited as CRPC 280, 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.