What does Section 314 BNSS provide?

Section 314 requires evidence given in a language not understood by an accused who is personally present in Court to be interpreted to the accused in open Court in a language understood by him.

Must every formal document be fully interpreted under Section 314 BNSS?

No. Where documents are put for formal proof, the Court has discretion to interpret as much of the documents as appears necessary.

Section 314 BNSS - Interpretation of Evidence to Accused or His Advocate

Q: Does Section 314 BNSS also protect an advocate who does not understand the evidence?

Yes. Where the accused appears through an advocate and the evidence is given in a language other than the language of the Court and is not understood by the advocate, the evidence must be interpreted to the advocate in that language.

Section 314 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with interpretation of evidence where the accused, or the advocate appearing for the accused, does not understand the language in which the evidence is given. The provision is intended to ensure that the substance of evidence is intelligible to the person whose defence may be affected by it.

Current legal position: The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act 46 of 2023 and its provisions were brought into force from July 1, 2024, subject to the notified exception concerning the First Schedule entry relating to Section 106(2) of the Bharatiya Nyaya Sanhita, 2023.

Text of Section 314 BNSS, 2023

314. Interpretation of evidence to accused or his advocate.

(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 an advocate and the evidence is given in a language other than the language of the Court, and not understood by the advocate, it shall be interpreted to such advocate 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.

Meaning and Scope of Section 314 BNSS

Section 314 addresses a practical requirement of a fair criminal proceeding: evidence should not remain unintelligible merely because it is given in a language that the accused or the advocate does not understand. The section separates the rule into three situations.

1. Evidence not understood by the accused

Where the accused is personally present in Court and evidence is given in a language that the accused does not understand, the evidence must be interpreted in open Court into a language understood by the accused. The language of sub-section (1) is mandatory.

2. Evidence not understood by the advocate

Where the accused appears through an advocate and the evidence is given in a language other than the language of the Court, and the advocate does not understand that language, sub-section (2) requires the evidence to be interpreted to the advocate.

3. Documents produced for formal proof

Sub-section (3) deals differently with documents that are put only for the purpose of formal proof. In such a case, the Court has discretion to determine how much of the document needs to be interpreted. The provision therefore does not require automatic interpretation of every word of every formal document.

Key Requirements at a Glance

The accused must be able to understand evidence given while personally present in Court.
Interpretation for the accused is to take place in open Court.
An advocate is also protected where the evidence is in a language other than the language of the Court and is not understood by the advocate.
For documents used for formal proof, the extent of interpretation is left to the Court's discretion.
The provision concerns interpretation of evidence; it should be read with the surrounding BNSS provisions dealing with the language and recording of evidence.

Related BNSS Provisions

Provision	Subject
Section 312 BNSS	Language of record of evidence
Section 313 BNSS	Procedure in regard to such evidence when completed
Section 315 BNSS	Remarks respecting demeanour of witness
Section 316 BNSS	Record of examination of accused
Section 317 BNSS	Interpreter to be bound to interpret truthfully

Corresponding Provision under the Code of Criminal Procedure, 1973

Section 314 BNSS substantially corresponds to Section 279 of the Code of Criminal Procedure, 1973, titled "Interpretation of evidence to accused or his pleader." The BNSS uses the term "advocate" in place of "pleader" while retaining the same core three-part structure relating to the accused, the legal representative, and documents used for formal proof.

Frequently Asked Questions

Is interpretation mandatory when the accused does not understand the evidence?

Yes. If the accused is personally present and the evidence is given in a language not understood by the accused, Section 314(1) states that it shall be interpreted in open Court in a language understood by the accused.

Does Section 314 apply when the accused is represented by an advocate?

Yes. Sub-section (2) specifically addresses the situation where the accused appears through an advocate and the evidence is in a language other than the language of the Court and is not understood by the advocate.

Does the Court have to translate every document in full?

Not necessarily. Under sub-section (3), where documents are produced for formal proof, the Court may decide how much interpretation is necessary.

Official Legal Sources

For the authoritative text, refer to the Bharatiya Nagarik Suraksha Sanhita, 2023 on India Code and the Ministry of Home Affairs - New Criminal Laws.

Last reviewed: September 11, 2026.