Section 313 BNSS: Procedure in regard to such evidence when completed

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 313 BNSS at a Glance

Section 313 BNSS deals with procedure in regard to such evidence when completed. It replaced Section 278 CrPC on 1 July 2024.

Was CrPC

Section 278 →

Section 313 BNSS Bare Act Text

(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.

Source: Section 313, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 313 BNSS in Simple Words

Section 313 of the Bharatiya Nagarik Suraksha Sanhita, 2023 speaks of the evidence of each witness taken under Section 310 BNSS or Section 311 BNSS. As that evidence is completed, it shall be read over to the witness 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.

If the witness denies the correctness of any part, the Magistrate or presiding Judge may make a memorandum of the objection instead of correcting the evidence. If the record is in a language different from that in which the evidence was given and the witness does not understand that language, the record shall be interpreted to the witness.

When Section 313 BNSS Applies

  • The evidence of each witness taken under Section 310 BNSS or Section 311 BNSS is read over to the witness as it is completed.
  • It is read over in the presence of the accused, if in attendance, or of his advocate, if he appears by an advocate.
  • If the witness denies the correctness of any part of the evidence, the Magistrate or presiding Judge may make a memorandum of the objection instead of correcting the evidence.
  • If the record is in a language different from that in which the evidence was given and the witness does not understand that language, the record shall be interpreted to the witness.

Example of Section 313 BNSS

Sunita gives evidence in a warrant-case, and her evidence is taken under Section 310 BNSS. When the evidence is completed, it is read over to Sunita in the presence of the accused Rohit, if Rohit is in attendance. Sunita denies the correctness of a part of the evidence. The Magistrate may make a memorandum of Sunita's objection instead of correcting the evidence, and shall add such remarks as the Magistrate thinks necessary.

When Section 313 BNSS Does Not Apply

  • Section 313 BNSS speaks of reading over the evidence of a witness to the witness. It does not deal with interpreting evidence to the accused or his advocate, which is the subject of Section 314 BNSS.
  • Section 313 BNSS speaks of evidence taken under Section 310 BNSS or Section 311 BNSS. It does not deal with remarks on the demeanour of a witness, which are the subject of Section 315 BNSS.

Section 313 BNSS in the CrPC (Previous Law)

Section 313 BNSS replaced Section 278 CrPC from 1 July 2024.

Section 278 CrPC is found in Section 313 BNSS from 1 July 2024. The heading is the same, and Section 313(2) BNSS and Section 313(3) BNSS read as Section 278(2) CrPC and Section 278(3) CrPC do. Section 313(1) BNSS refers to Section 310 BNSS and Section 311 BNSS where Section 278(1) CrPC referred to Section 275 CrPC and Section 276 CrPC, and reads advocate where Section 278(1) CrPC read pleader.

Each sub-section below names its own source.

FAQs on Section 313 BNSS

When is the evidence of a witness read over under Section 313 BNSS?▼

As the evidence of each witness taken under Section 310 BNSS or Section 311 BNSS is completed, it shall be read over to the witness 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.

What if the witness denies the correctness of part of the evidence?▼

Under Section 313(2) BNSS, the Magistrate or presiding Judge may, instead of correcting the evidence, make a memorandum of the objection made to it by the witness and shall add such remarks as he thinks necessary.

What does Section 313(3) BNSS say about the language of the record?▼

If the record is in a language different from that in which the evidence was given and the witness does not understand that language, the record shall be interpreted to the witness in the language in which it was given, or in a language which he understands.

What changed from Section 278 CrPC to Section 313 BNSS from 1 July 2024?▼

Section 313 BNSS has the same heading as Section 278 CrPC. Section 313(1) BNSS refers to Section 310 BNSS and Section 311 BNSS where Section 278(1) CrPC referred to Section 275 CrPC and Section 276 CrPC, and reads advocate where Section 278(1) CrPC read pleader. The rest of the text is the same.

Section 313 BNSS: Sub-sections Explained

Section 313(1) BNSS: Procedure in regard to such evidence when completed

▶

Bare Act Text

(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.

Previous Law

CrPC 278 → Section 313(1) BNSS

Section 313(2) BNSS: Procedure in regard to such evidence when completed

▶

Bare Act Text

(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.

Previous Law

CrPC 278(2) → Section 313(2) BNSS

Section 313(3) BNSS: Procedure in regard to such evidence when completed

▶

Bare Act Text

(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.

Previous Law

CrPC 278(3) → Section 313(3) BNSS

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 20 Oct 2026 ·