Section 272 CrPC: Language of Courts and Section 307 BNSS

Section 272 CrPC - Language of Courts (original provision)

This provision formed part of Chapter XXIII of the Code of Criminal Procedure, 1973, concerning evidence in inquiries and trials. It conferred an enabling power on the State Government to prescribe the language used by subordinate criminal courts for purposes of the Code.

Section 307 BNSS - Language of Courts (current provision)

Section 307 is located in Chapter XXV of the BNSS, under the provisions governing evidence in inquiries and trials. Its operative rule is substantially the same as Section 272 CrPC, with the reference to the Code replaced by the Sanhita.

Meaning and scope of the language-of-courts provision

1. Power of the State Government

The provision authorises the State Government to determine the court language for criminal proceedings governed by the applicable procedural law. The particular language used in a State or court must be checked against applicable State rules, notifications and other governing law; the section itself does not name a particular language.

2. High Courts are expressly excluded

Section 272 CrPC and Section 307 BNSS exclude High Courts from this State Government power. The language of High Court proceedings is governed by the separate constitutional and statutory framework, including Article 348 of the Constitution of India and applicable authorisations.

3. Language of evidence and procedural fairness

The designated court language affects the manner in which proceedings and evidence are recorded. Separate provisions address recording testimony, interpretation for the accused or advocate, and other safeguards. The court-language provision should therefore be read with the procedural rules applicable to the specific proceeding.

4. Transitional cases

Section 531 BNSS repeals the CrPC but saves specified pending appeals, applications, trials, inquiries and investigations as provided in that section. Whether the old or new procedure governs a particular case depends on its procedural status and the statutory savings provisions; the date of the alleged offence alone does not settle every transitional question.

Related statutory provisions

Section 308 BNSS (formerly Section 273 CrPC): addresses taking evidence in the presence of the accused or, where personal attendance is dispensed with, in the presence of the advocate, subject to statutory exceptions.

Section 312 BNSS (formerly Section 277 CrPC): deals with the language in which evidence is recorded.

Section 314 BNSS (formerly Section 279 CrPC): concerns interpretation of evidence to the accused or advocate in circumstances covered by that provision.

Section 393 BNSS: includes the requirement concerning the language and contents of judgments.

Article 348 of the Constitution: establishes the constitutional framework for the language of proceedings in the Supreme Court and High Courts, subject to its terms.

Frequently asked questions

What does Section 272 CrPC provide?

It authorises the State Government to determine the language of courts within the State, excluding the High Court, for purposes of the CrPC.

Which BNSS section corresponds to Section 272 CrPC?

Section 307 of the Bharatiya Nagarik Suraksha Sanhita, 2023, titled "Language of Courts."

Can a State Government determine the language of a High Court under Section 307 BNSS?

No. The provision expressly excludes the High Court. Separate constitutional and statutory rules apply.

Does every criminal court in India use the same language?

No. The language used may depend on the State, the particular court and applicable legal rules or notifications.

Official legal sources and further reading

For authoritative statutory wording and amendments, consult the India Code official legislation portal, the National Crime Records Bureau BNSS chapter-wise text, and the Constitution of India on the Legislative Department website. For the earlier law, see the CrPC section index.

Note: This article is general legal information. For a particular court, verify current State notifications, procedural rules and any applicable judicial directions.