Section 278 CrPC: Procedure After Completion of Witness Evidence
Section 278 of the Code of Criminal Procedure, 1973 prescribed how recorded witness testimony must be read over, checked for accuracy and, where necessary, interpreted. The corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 313 BNSS.
Section 278 CrPC: Procedure in Regard to Such Evidence When Completed
Section 278 formed part of Chapter XXIII of the CrPC, concerning evidence in inquiries and trials. Its three subsections imposed the following requirements:
Subsection (1): Reading over and correction
When the evidence of each witness recorded under Section 275 CrPC or Section 276 CrPC is completed, it must be read over to the witness in the presence of the accused, if present, or the accused's pleader where the accused appears through a pleader. Necessary corrections must be made.
Subsection (2): Objection to accuracy
If the witness disputes the accuracy of any part of the evidence read over, the Magistrate or presiding Judge may record a memorandum of the witness's objection instead of changing the testimony, and add such remarks as considered necessary.
Subsection (3): Interpretation into a language understood by the witness
Where the testimony is recorded in a language different from that in which it was given, and the witness does not understand the language of the record, it must be interpreted to the witness in the original language or another language the witness understands.
These requirements help ensure that the court's record accurately reflects the evidence given and that a witness has a meaningful opportunity to identify errors.
Meaning and Practical Application of Section 278 CrPC
1. Verification after each witness
The procedure is undertaken after recording the evidence of each witness under the specified provisions. It is not merely a general review at the end of the trial. Reading over the testimony permits inaccuracies in transcription or recording to be identified promptly.
2. Disputed testimony is not automatically rewritten
A witness's objection does not necessarily require the court to replace the recorded words. Subsection (2) expressly permits the judicial officer to preserve the record while noting the objection and any relevant remarks.
3. Language accessibility
Interpretation under subsection (3) ensures that a witness who cannot understand the language used in the written record can still verify what has been attributed to them. This is distinct from the interpretation of evidence for the accused under Section 279 CrPC.
4. Relationship with other evidence provisions
Section 273 CrPC addressed taking evidence in the presence of the accused, while Section 277 CrPC concerned the language of the evidence record. Section 278 operated after the relevant evidence was recorded.
Gujarat State Amendment to Section 278 CrPC
Gujarat Act 31 of 2017, Section 3, inserted subsections (4) and (5) into Section 278 of the CrPC for Gujarat. The amendment addressed evidence taken through Electronic Video Linkage.
Subsection (4): The requirements of subsections (1) to (3) do not apply when evidence under Section 273 is taken through Electronic Video Linkage.
Subsection (5): Evidence taken through Electronic Video Linkage in electronic form constitutes an electronic record within the meaning of Section 2(1)(t) of the Information Technology Act, 2000.
Scope: This was a State amendment to the CrPC, not a nationwide amendment. Its continued relevance must be considered in light of Section 531 BNSS and the applicable law governing the proceeding. It should not automatically be treated as an amendment to Section 313 BNSS.
Section 313 BNSS: Corresponding Provision Under the Current Law
Section 313 of the Bharatiya Nagarik Suraksha Sanhita, 2023 retains the essential safeguards of Section 278 CrPC. It applies to evidence recorded under Sections 310 and 311 BNSS, the provisions corresponding to Sections 275 and 276 CrPC.
Under Section 313(1) BNSS, the completed evidence of each witness must be read over to the witness in the presence of the accused, if attending, or the accused's advocate where appearance is through an advocate, and corrected if necessary.
Section 313(2) BNSS permits the Magistrate or presiding Judge to make a memorandum of any objection raised by the witness regarding the accuracy of the recorded evidence and to add appropriate remarks.
Section 313(3) BNSS requires interpretation of the record where it is in a language that the witness does not understand.
The principal drafting differences include updated section references (310 and 311 in place of 275 and 276) and use of the word advocate instead of pleader. The core procedure remains substantially similar.
See the official India Code portal for the authoritative enactment and amendments.
CrPC or BNSS: Which Provision Applies After 1 July 2024?
Section 531(1) BNSS repeals the CrPC, 1973. However, Section 531(2)(a) BNSS saves appeals, applications, trials, inquiries and investigations pending immediately before commencement, directing their continuation under the CrPC as it stood before commencement.
Accordingly, identify the date and procedural status of the particular matter before citing Section 278 CrPC or Section 313 BNSS. The transition may require closer analysis where a new application arises in connection with an older investigation or case.
Electronic proceedings must also be considered in light of Section 530 BNSS, which provides for trials, inquiries and proceedings to be held in electronic mode, subject to applicable procedural requirements.
Frequently Asked Questions
What is the purpose of Section 278 CrPC?
It provides a method for checking the accuracy of recorded witness testimony after completion, addressing objections and ensuring interpretation where needed.
Which BNSS section replaces Section 278 CrPC?
Section 313 BNSS is the corresponding provision, applicable under the new criminal procedure framework from 1 July 2024.
Can a witness object to an incorrect record of evidence?
Yes. The witness may dispute a portion when it is read over. The court may correct the record where necessary or note the objection with judicial remarks.
Does Section 278 CrPC still apply to pending cases?
It can apply to proceedings preserved by the repeal-and-savings provision in Section 531 BNSS. The precise position depends on the nature and timing of the proceedings.
Is the Gujarat video-link amendment applicable across India?
No. The amendment was enacted for Gujarat under the former CrPC framework. Its relevance must be assessed with the applicable savings and current procedural law.
Official Acts and Further Reading
- India Code, Government of India — official central legislation database; search for the Code of Criminal Procedure, 1973 and the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Ministry of Home Affairs — central criminal law enactments and commencement notifications.
- Bharatiya Nagarik Suraksha Sanhita, 2023 (government-hosted PDF) — consult Sections 310, 311, 313, 530 and 531.
- Information Technology Act, 2000 — Section 2(1)(t), definition of electronic record.
Updated: 18 October 2026. This article is for legal information; verify the latest amendments, applicable State provisions and court directions before relying on it in proceedings.