Section 277 CrPC: Language of record of evidence

Code of Criminal Procedure, 1973

Section 277 CrPC at a Glance

Section 277 CrPC deals with language of record of evidence. From 1 July 2024 it is replaced by Section 312 BNSS.

What Section 277 CrPC Says

277. Language of record of evidence

In every case where evidence is taken down under section 275 or 276,โ€”

(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 277, Code of Criminal Procedure, 1973

Section 277 CrPC in Simple Words

Section 277 of the Code of Criminal Procedure, 1973 says that, in every case where evidence is taken down under Section 275 CrPC or Section 276 CrPC, 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 277 CrPC Applies

  • Section 277 CrPC applies in every case where evidence is taken down under Section 275 CrPC or Section 276 CrPC.
  • 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 277(b) CrPC 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 277(b) CrPC 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 277 CrPC

  • 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: โ€œshall be prepared as the examination of the witness proceedsโ€
  • 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: โ€œshall be prepared as soon as practicableโ€

Example of Section 277 CrPC

Meena is a witness whose evidence is taken down under Section 275 CrPC. Meena gives evidence in the language of the Court. Under Section 277 CrPC, the evidence of Meena shall be taken down in that language.

When Section 277 CrPC Does Not Apply

  • Section 277 CrPC 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 278 CrPC.
  • Section 277 CrPC speaks of the language in which evidence is taken down. It does not deal with the interpretation of evidence to the accused or his pleader, which is the subject of Section 279 CrPC.

Section 277 CrPC Under BNSS 312: What Changed

Section 277 CrPC is now covered under Section 312 BNSS.

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 detailed comparison (CrPC 277 vs BNSS 312) โ†’

FAQs on Section 277 CrPC

In what language shall evidence be taken down under Section 277 CrPC if the witness gives evidence in the language of the Court?โ–ผ

Section 277 CrPC says that if the witness gives evidence in the language of the Court, it shall be taken down in that language.

What does Section 277 CrPC say if the witness gives evidence in any other language?โ–ผ

Section 277 CrPC 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 277 CrPC?โ–ผ

The proviso to Section 277 CrPC 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.

Where is Section 277 CrPC found in the BNSS from 1 July 2024?โ–ผ

Section 277 CrPC has no numbered sub-sections, and maps as a whole to Section 312 BNSS from 1 July 2024. 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, Code of Criminal Procedure, 1973 ยท Last updated: 22 Oct 2026 ยท