Record in trial before Court of Session? What is Language of record of evidence? What is Procedure in regard to such evidence when completed? Section 276, 277 and 278 of Code of Criminal Procedure 1973

Record in trial before Court of Session, Language of record of evidence and Procedure in regard to such evidence when completed are defined under Section 276, 277 and 278 of CRPC 1973. Provisions under this section is:

Section 276 of CRPC "Record in trial before Court of Session"

(1) In all trials before a Court of Session, the evidence of each witness shall, as his examination proceeds, be taken down in writing either by the presiding Judge himself or by his dictation in open Court, or under his direction and superintendence, by an officer of the Court appointed by him in this behalf.

1[(2) Such evidence shall ordinarily be taken down in the form of a narrative, but the presiding Judge may, in his discretion, take down, or cause to be taken down, any part of such evidence in the form of question and answer.]

(3) The evidence so taken down shall be signed by the presiding Judge and shall form part of the record.
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1. Subs. by Act 45 of 1978, s. 20, for sub-section (2) (w.e.f. 18-12-1978).

Section 277 of CRPC "Language of record of evidence"

In every case where evidence is taken down under Sections 275 and 276:-

(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 transaction 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 278 of CRPC "Procedure in regard to such evidence when completed"

(1) As the evidence of each witness taken under section 275 or section 276 is completed, it shall be read over to him in the presence of the accused, if in attendance, or of his pleader, if he appears by pleader, 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.

STATE AMENDMENT
Gujarat
In the principal Act, in section 278, after sub-section (3), the following sub-sections shall be added, namely:-

"(4) Nothing contained in sub-sections (1) to (3) shall apply when the evidence under section 273 is taken through the medium of Electronic Video Linkage.

(5) The evidence taken through the medium of Electronic Video Linkage in electronic from shall be the electronic record within the meaning of clause (t) of section 2 of the Information Technology Act, 2000 (21 of 2000)

[Vide Gujarat Act 31 of 2017, sec. 3.]