What is Interpretation of evidence to accused or his pleader? Remarks respecting demeanour of witness and What is Record of examination of accused? Section 279, 280 and 281 of Code of Criminal Procedure 1973

Interpretation of evidence to accused or his pleader, Remarks respecting demeanour of witness and Record of examination of accused are defined under Section 279, 280 and 281 of CRPC 1973. Provisions under this section is:

 

Section 279 of CRPC "Interpretation of evidence to accused or his pleader"

(1) Whenever any evidence is given in a language not understood by the accused, and he is present in Court in person, it shall be interpreted to him in open Court in a language understood by him.

 

(2) If he appears by pleader and the evidence is given in a language other than the language of the Court, and not understood by the pleader, it shall be interpreted to such pleader in that language.

(3) When documents are put for the purpose of formal proof, it shall be in the discretion of the Court to interpret as much thereof as appears necessary.


Section 280 of CRPC "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.

 

Section 281 of CRPC "Record of examination of accused"

(1) Whenever the accused is examined by a Metropolitan Magistrate, the Magistrate shall make a memorandum of the substance of the examination of the accused in the language of the Court and such memorandum shall be signed by the Magistrate and shall form part of the record.

(2) Whenever the accused is examined by any Magistrate other than a Metropolitan Magistrate, or by a Court of Session, the whole of such examination, including every question put to him and every answer given by him, shall be recorded in full by the presiding Judge or Magistrate himself or where he is unable to do so owing to a physical or other incapacity, under his direction and superintendence by an officer of the Court appointed by him in this behalf.

(3) The record shall, if practicable, be in the language in which the accused is examined or, if that is not practicable, in the language of the Court.

(4) The record shall be shown or read to the accused, or, if he does not understand the language in which it is written, shall be interpreted to him in a language which he understands, and he shall be at liberty to explain or add to his answers.

(5) It shall thereafter be signed by the accused and by the Magistrate or presiding Judge, who shall certify under his own hand that the examination was taken in his presence and hearing and that the record contains a full and true account of the statement made by the accused.

(6) Nothing in this section shall be deemed to apply to the examination of an accused person in the course of a summary trial.

 

STATE AMENDMENT
Gujarat
In the principal Act, in section 281, in sub-section (6), after the words "the examination of an accused person", the words "either through the medium of Electronic Video Linkage or" shall be inserted.

[Vide Gujarat Act 31 of 2017, sec. 4.]