Order XVIII Rule 6 CPC - When Deposition to Be Interpreted

Order XVIII Rule 6 of the Code of Civil Procedure, 1908 requires interpretation of a witness's recorded evidence when the record is written in a language the witness does not understand and differs from the language in which the evidence was given.

Text of Order XVIII Rule 6 CPC

Source: Code of Civil Procedure, 1908 - official India Code text (PDF), First Schedule, Order XVIII.

Meaning and purpose of Rule 6

A deposition is the evidence or testimony of a witness recorded in judicial proceedings. Interpretation under this rule means conveying the written record to the witness in the language in which the witness originally gave evidence. The provision helps the witness understand what has been recorded, despite a difference between the spoken language and the language of the court record.

The requirement is mandatory when both statutory conditions are present: the evidence is recorded in a different language, and the witness does not understand the language of the record. The rule is concerned with the recorded evidence, not merely the translation of questions asked during examination.

When must a deposition be interpreted?

• The witness gives evidence in one language.
• The evidence is taken down in writing in another language.
• The witness does not understand the language in which that evidence is recorded.

When these conditions are satisfied, the written evidence must be interpreted to the witness in the language in which it was given. If the witness understands the language of the written record, Rule 6 does not itself require interpretation merely because the languages differ.

Practical example

Suppose a witness testifies in Malayalam, but the court records the evidence in English. If the witness cannot understand English, the written deposition must be interpreted to the witness in Malayalam. This allows the witness to understand the evidence recorded in the proceedings.

Related provisions under Order XVIII CPC

Order XVIII Rule 4 - Recording of evidence

Rule 4 governs the recording of evidence, including examination-in-chief by affidavit and the procedure for cross-examination and re-examination, subject to its terms and applicable procedural directions. Read Order XVIII Rule 4.

Order XVIII Rule 5 - Evidence in appealable cases

Rule 5 prescribes how evidence is taken in cases in which an appeal is allowed, including recording under judicial supervision in the manner specified by the rule. Read Order XVIII Rule 5.

Order XVIII Rule 7 - Evidence under Section 138

Rule 7 provides for the form of evidence taken under Section 138 CPC and for reading over, signing, interpretation and correction as occasion requires. Read Order XVIII Rule 7.

Order XVIII Rule 9 - Evidence recorded in English

Rule 9 addresses circumstances in which evidence may be recorded in English where English is not the language of the court. Read Order XVIII Rule 9.

Why the rule matters

Accurate communication of a recorded deposition is important to the fairness and reliability of civil proceedings. Rule 6 provides a procedural safeguard for witnesses who cannot understand the language in which their testimony has been written. The precise consequences of a failure to comply depend on the circumstances, the applicable procedural law and judicial assessment; the rule does not itself prescribe automatic invalidation of the proceedings.

Official legal reference

For the complete statute and any applicable amendments, consult the India Code entry for the Code of Civil Procedure, 1908. Court-specific rules and applicable State or High Court amendments should also be checked when dealing with a particular proceeding.