The evidence of a witness from Kerala, given in Malayalam, in the course of trial of a criminal case in…
When testimony is recorded in a language other than the court's language, section 312 of the BNSS (formerly section 277 CrPC) requires a true translation into the court's…
Choose your answer
The evidence of a witness from Kerala, given in Malayalam, in the course of trial of a criminal case in Delhi is taken down in the said language with the help of a translator and a member of staff of the court acquainted with the language. The presiding judge is also from Kerala and knows the language. Referring to this background, he dispenses with the requirement of translation of the deposition in the language of the court to be prepared.
Answer and explanation
Correct answer C
When testimony is recorded in a language other than the court's language, section 312 of the BNSS (formerly section 277 CrPC) requires a true translation into the court's language to form part of the record. The judge's personal knowledge of Malayalam does not dispense with this requirement. The special power to waive translation concerns evidence recorded in English when no party requires a translation.
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