Section 278 CrPC: Procedure in regard to such evidence when completed

Code of Criminal Procedure, 1973

Section 278 CrPC at a Glance

Section 278 CrPC deals with procedure in regard to such evidence when completed. From 1 July 2024 it is replaced by Section 313 BNSS.

Now BNSS

Section 313 →

What Section 278 CrPC Says

278. Procedure in regard to such evidence when completed

(1) As the evidence of each witness taken under section 275 or section 276 is completed, it shall be read over to him in the presence of the accused, if in attendance, or of his pleader, if he appears by pleader, 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 278, Code of Criminal Procedure, 1973

Section 278 CrPC in Simple Words

Section 278 of the Code of Criminal Procedure, 1973 speaks of the evidence of each witness taken under Section 275 CrPC or Section 276 CrPC. 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 pleader, if he appears by pleader, 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 278 CrPC Applies

  • The evidence of each witness taken under Section 275 CrPC or Section 276 CrPC 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 pleader, if he appears by pleader.
  • 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 278 CrPC

Sunita gives evidence in a warrant-case, and her evidence is taken under Section 275 CrPC. 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 278 CrPC Does Not Apply

  • Section 278 CrPC speaks of reading over the evidence of a witness to the witness. It does not deal with interpreting evidence to the accused or his pleader, which is the subject of Section 279 CrPC.
  • Section 278 CrPC speaks of evidence taken under Section 275 CrPC or Section 276 CrPC. It does not deal with remarks on the demeanour of a witness, which are the subject of Section 280 CrPC.

Section 278 CrPC Under BNSS 313: What Changed

Section 278 CrPC is now covered under Section 313 BNSS.

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.

View detailed comparison (CrPC 278 vs BNSS 313) →

FAQs on Section 278 CrPC

When is the evidence of a witness read over under Section 278 CrPC?▼

As the evidence of each witness taken under Section 275 CrPC or Section 276 CrPC is completed, it shall be read over to the witness in the presence of the accused, if in attendance, or of his pleader, if he appears by pleader, and shall, if necessary, be corrected.

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

Under Section 278(2) CrPC, 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 278(3) CrPC 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.

Where is Section 278 CrPC found in the BNSS from 1 July 2024?▼

Section 278(1) CrPC is found in Section 313(1) BNSS, Section 278(2) CrPC in Section 313(2) BNSS and Section 278(3) CrPC in Section 313(3) BNSS.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 20 Oct 2026 ·