Section 265 CrPC: Language of Record and Judgment - Section 288 BNSS
Section 265 of the Code of Criminal Procedure, 1973 prescribes the language and method of preparation of the record and judgment in a summary criminal trial. Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 288 BNSS.
Section 265 CrPC - Language of record and judgment
The original provision in Chapter XXI of the Code of Criminal Procedure, 1973 reads:
(1) Every such record and judgment shall be written in the language of the Court.
(2) The High Court may authorise any Magistrate empowered to try offences summarily to prepare the aforesaid record or judgment or both by means of an officer appointed in this behalf by the Chief Judicial Magistrate, and the record or judgment so prepared shall be signed by such Magistrate.
The expression "such record and judgment" refers to records and judgments prepared in summary trials under the surrounding provisions of the CrPC.
Section 288 BNSS - Corresponding current provision
Section 288 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in Chapter XXII (Summary Trials), retains the same operative requirements:
(1) Every such record and judgment shall be written in the language of the Court.
(2) The High Court may authorise any Magistrate empowered to try offences summarily to prepare the aforesaid record or judgment or both by means of an officer appointed in this behalf by the Chief Judicial Magistrate, and the record or judgment so prepared shall be signed by such Magistrate.
The relevant official legislation can be consulted in the Bureau of Police Research and Development BNSS document (PDF) and the India Code legislative database.
Meaning and requirements of the provision
1. Record and judgment must use the language of the Court
Subsection (1) is mandatory: the summary-trial record and judgment must be written in the language legally applicable to the Court. This is not necessarily the language spoken by the complainant, witnesses or accused.
Under Section 307 BNSS (corresponding to Section 272 CrPC), the State Government may determine the language of criminal courts within the State other than the High Court. Applicable rules and notifications should be checked for the court concerned.
2. Preparation through an appointed officer is conditional
Subsection (2) does not give every Magistrate an unrestricted power to delegate preparation of the record or judgment. Three safeguards apply:
- The High Court must authorise the Magistrate to use the permitted arrangement.
- The assisting officer must be appointed for that purpose by the Chief Judicial Magistrate.
- The Magistrate must sign the record or judgment prepared through the appointed officer.
These requirements allow assistance with preparation while retaining the Magistrate's judicial responsibility for the signed record and judgment.
3. Summary trial does not eliminate the need for a proper record
A summary trial is a streamlined criminal trial procedure, not an exemption from recording the essential case details. Section 286 BNSS (formerly Section 263 CrPC) sets out the particulars to be recorded. Section 287 BNSS (formerly Section 264 CrPC) requires the substance of evidence and a judgment briefly stating reasons where the accused does not plead guilty.
4. Pending proceedings and the change from CrPC to BNSS
Section 531 BNSS repeals the CrPC but contains savings provisions for certain pending matters. Whether an individual proceeding continues under the CrPC or follows the BNSS depends on its procedural status and the statutory savings rule. The corresponding section numbers should not be used interchangeably without checking which law governs the proceeding.
Frequently asked questions
What is Section 265 CrPC?
Section 265 of the Code of Criminal Procedure, 1973 requires the record and judgment in a summary trial to be written in the language of the Court. It also permits High Court-authorised preparation through an officer appointed by the Chief Judicial Magistrate, with the Magistrate signing the completed document.
Which BNSS provision corresponds to Section 265 CrPC?
Section 288 of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponds to Section 265 CrPC and carries forward the same two requirements.
Can a clerk or officer prepare the summary-trial judgment?
Only where the High Court has authorised the arrangement and the officer has been appointed for that purpose by the Chief Judicial Magistrate. The Magistrate must sign the record or judgment.
Who determines the language of the Court?
Under Section 307 BNSS, the State Government may determine the language of subordinate criminal courts within the State, other than the High Court, subject to applicable law.
Does Section 265 CrPC still apply after July 2024?
The BNSS generally replaced the CrPC from 1 July 2024. Section 531 BNSS contains savings provisions for certain proceedings pending immediately before commencement; the applicable procedure depends on the proceeding and transitional rules.
Official legal references
- India Code - Government of India statutory database (search for Act 46 of 2023 and Act 2 of 1974).
- Bureau of Police Research and Development - Bharatiya Nagarik Suraksha Sanhita, 2023 (PDF).
- National Crime Records Bureau - CrPC and BNSS section correspondence.
This article provides general statutory information; procedural questions in individual cases require examination of the applicable court rules and case records.