Section 318 BNSS: Record in High Court

Section 318 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the manner in which a High Court records the evidence of witnesses and the examination of an accused in cases coming before it. The provision authorises every High Court to regulate that process through general rules.

Current law: The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. 46 of 2023. Its provisions, subject to the notified exception relating to the First Schedule entry concerning section 106(2) of the Bharatiya Nyaya Sanhita, 2023, came into force on July 1, 2024.

Text of Section 318 BNSS

318. Record in High Court. Every High Court may, by general rule, prescribe the manner in which the evidence of witnesses and the examination of the accused shall be taken down in cases coming before it, and such evidence and examination shall be taken down in accordance with such rule.

Meaning and Scope of Section 318

Section 318 gives each High Court rule-making authority over the form and manner in which witness evidence and the examination of an accused are recorded in proceedings before that High Court. The section does not itself prescribe one uniform recording method. Instead, it makes the applicable High Court rules controlling for cases before that Court.

Power of the High Court: Every High Court may prescribe the method of recording by a general rule.
Evidence covered: The provision expressly covers evidence of witnesses.
Examination of accused: It also covers the manner in which examination of the accused is taken down.
Binding procedure: Once a High Court has prescribed a general rule, the evidence and examination must be recorded in accordance with that rule.
High Court proceedings: The section applies to cases coming before the High Court.

Why Section 318 Matters

The provision preserves procedural control in the High Court over the creation of the judicial record. A reliable record is important because testimony, answers of the accused and other recorded proceedings may later be relevant to adjudication, review, appeal and the accuracy of the case file.

In practical terms, lawyers and litigants should also check the relevant High Court Rules and any applicable practice directions because Section 318 operates through the general rules prescribed by the concerned High Court.

Section 318 BNSS and Former Section 283 CrPC

Section 318 BNSS corresponds to Section 283 of the Code of Criminal Procedure, 1973, which was also titled "Record in High Court." The wording and essential rule are substantially the same: the High Court may prescribe by general rule the manner in which witness evidence and examination of the accused are taken down in cases before it.

Related BNSS Provisions

Section 318 appears immediately after provisions dealing with the recording and interpretation of evidence and immediately before the provisions concerning commissions for examination of witnesses. Related provisions include: