Section 312 BNSS: Language of record of evidence

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 312 BNSS at a Glance

Section 312 BNSS deals with language of record of evidence. It replaced Section 277 CrPC on 1 July 2024.

Was CrPC

Section 277 →

Section 312 BNSS Bare Act Text

312. Language of record of evidence

In every case where evidence is taken down under section 310 or section 311,—

(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 translation 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.

Source: Section 312, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 312 BNSS in Simple Words

Section 312 of the Bharatiya Nagarik Suraksha Sanhita, 2023 says that, in every case where evidence is taken down under Section 310 BNSS or Section 311 BNSS, evidence given by a witness in the language of the Court shall be taken down in that language.

If the witness gives evidence in any other language, it may, if practicable, be taken down in that language, and if it is not practicable, 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.

A proviso lets the Court dispense with the translation when the evidence is taken down in English and no party requires a translation.

When Section 312 BNSS Applies

  • Section 312 BNSS applies in every case where evidence is taken down under Section 310 BNSS or Section 311 BNSS.
  • If the witness gives evidence in the language of the Court, it shall be taken down in that language.
  • If the witness gives evidence in any other language, it may, if practicable, be taken down in that language.
  • If it is not practicable to take down the evidence in that language, 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.
  • Where evidence is taken down under Section 312(b) BNSS in a language other than the language of the Court, a true translation 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.
  • When evidence is taken down in English under Section 312(b) BNSS and a translation in the language of the Court is not required by any of the parties, the Court may dispense with such translation.

Time Limits Under Section 312 BNSS

  • Where it is not practicable to take down the evidence in the language the witness gives it in, the true translation in the language of the Court shall be prepared as the examination of the witness proceeds.Act text: “shall be prepared as the examination of the witness proceeds”
  • Where evidence is taken down in a language other than the language of the Court, the true translation in the language of the Court shall be prepared as soon as practicable.Act text: “shall be prepared as soon as practicable”

Example of Section 312 BNSS

Meena is a witness whose evidence is taken down under Section 310 BNSS. Meena gives evidence in the language of the Court. Under Section 312 BNSS, the evidence of Meena shall be taken down in that language.

When Section 312 BNSS Does Not Apply

  • Section 312 BNSS speaks of the language in which evidence is taken down. It does not deal with the procedure in regard to such evidence when completed, which is the subject of Section 313 BNSS.
  • Section 312 BNSS speaks of the language in which evidence is taken down. It does not deal with the interpretation of evidence to the accused or his advocate, which is the subject of Section 314 BNSS.

Section 312 BNSS in the CrPC (Previous Law)

Section 312 BNSS replaces Section 277 CrPC from the old criminal code.

From 1 July 2024, Section 312 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 277 of the Code of Criminal Procedure, 1973. The heading is the same. Section 312 BNSS refers to Section 310 BNSS and Section 311 BNSS where Section 277 CrPC referred to Section 275 CrPC and Section 276 CrPC. The rest of the text is the same.

View CrPC Section 277 →

FAQs on Section 312 BNSS

In what language shall evidence be taken down under Section 312 BNSS if the witness gives evidence in the language of the Court?▼

Section 312 BNSS says that if the witness gives evidence in the language of the Court, it shall be taken down in that language.

What does Section 312 BNSS say if the witness gives evidence in any other language?▼

Section 312 BNSS says that if the witness gives evidence in any other language, it may, if practicable, be taken down in that language. If it is not practicable, 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.

When may the Court dispense with the translation under Section 312 BNSS?▼

The proviso to Section 312 BNSS says that when evidence is taken down in English and a translation in the language of the Court is not required by any of the parties, the Court may dispense with such translation.

What changed from Section 277 CrPC to Section 312 BNSS from 1 July 2024?▼

From 1 July 2024, Section 312 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 277 of the Code of Criminal Procedure, 1973. The heading is the same. Section 312 BNSS refers to Section 310 BNSS and Section 311 BNSS where Section 277 CrPC referred to Section 275 CrPC and Section 276 CrPC. The rest of the text is the same.

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·