Section 313 BNSS 2023: Procedure in Regard to Evidence When Completed
Section 313 of the Bharatiya Nagarik Suraksha Sanhita, 2023 lays down what a court must do after the evidence of a witness recorded under Section 310 or Section 311 is completed. It provides for reading over the recorded evidence, dealing with objections to its correctness, and interpreting the record to the witness when required.
Text of Section 313 BNSS
313. Procedure in regard to such evidence when completed.
(1) As the evidence of each witness taken under section 310 or section 311 is completed, it shall be read over to him in the presence of the accused, if in attendance, or of his advocate, if he appears by an advocate, 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.
Meaning and Purpose of Section 313
The section is intended to help ensure that a witness's recorded testimony accurately reflects the evidence actually given before the court. Once the evidence of a witness recorded under Section 310 or Section 311 is complete, the record is required to be read over to the witness in the prescribed setting so that errors, if any, can be identified.
The provision also deals with the situation in which a witness disputes the correctness of the record. Instead of altering the recorded evidence automatically, the Magistrate or presiding Judge may record a memorandum of the witness's objection and add appropriate remarks.
Where the evidence has been recorded in a language different from the language in which the witness testified, and the witness does not understand the language of the record, the court must have the record interpreted in the language used by the witness or another language understood by the witness.
Section 313 BNSS Explained Clause by Clause
Section 313(1): Reading Over and Correction of Evidence
After each witness's evidence under Section 310 or Section 311 is completed, it must be read over to the witness. If the accused is present, this is done in the accused's presence; where the accused appears through an advocate, the provision recognizes the advocate's presence. Necessary corrections may then be made.
Section 313(2): Objection by the Witness
A witness may dispute the accuracy of a part of the recorded evidence. In that event, the Magistrate or presiding Judge may preserve the record and separately make a memorandum noting the objection, together with any remarks considered necessary.
Section 313(3): Interpretation Where the Record Uses Another Language
If the record is made in a language different from the language in which the witness gave evidence, and the witness does not understand the language of the record, the evidence must be interpreted to the witness in the language in which it was given or in another language understood by the witness.
Sections Referred to in Section 313
| Provision | Subject | Connection with Section 313 |
|---|---|---|
| Section 310 BNSS | Record in warrant-cases | Section 313 applies when evidence recorded under Section 310 is completed. |
| Section 311 BNSS | Record in trial before Court of Session | Section 313 also applies when evidence recorded under Section 311 is completed. |
| Section 312 BNSS | Language of record of evidence | Provides the immediate statutory context concerning the language of the evidentiary record. |
| Section 314 BNSS | Interpretation of evidence to accused or his advocate | Follows Section 313 and addresses interpretation of evidence for the accused or advocate. |
Practical Importance
- The recorded testimony should be checked after the witness's evidence is completed.
- The witness is given an opportunity to identify an error in the recorded evidence.
- A disputed entry can be preserved along with a judicial memorandum of the witness's objection.
- A witness who cannot understand the language of the record must receive an interpretation in a language understood by that witness.