Section 279 CrPC: Interpretation of Evidence to Accused or His Pleader - Section 314 BNSS
An accused person must be able to understand the evidence presented in a criminal trial. Section 279 of the Code of Criminal Procedure, 1973 (CrPC) prescribed interpretation of evidence to the accused or their pleader. The corresponding current provision is Section 314 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
What does Section 279 CrPC provide?
Section 279 forms part of the CrPC provisions governing the recording of evidence in criminal inquiries and trials. It deals with the language barrier between testimony given in court and the understanding of the accused or the pleader appearing for the accused.
Section 279 CrPC - Statutory text
(1) Whenever any evidence is given in a language not understood by the accused, and he is present in Court in person, it shall be interpreted to him in open Court in a language understood by him.
(2) If he appears by pleader and the evidence is given in a language other than the language of the Court, and not understood by the pleader, it shall be interpreted to such pleader in that language.
(3) When documents are put for the purpose of formal proof, it shall be in the discretion of the Court to interpret as much thereof as appears necessary.
Section 314 BNSS: Corresponding provision under the new criminal procedure law
Section 314 of the BNSS, titled Interpretation of evidence to accused or his advocate, retains the three-part structure of Section 279 CrPC. The newer text uses the term advocate instead of pleader. The core requirement of interpreting evidence to an accused who does not understand the language remains.
Section 314(1): Whenever any evidence is given in a language not understood by the accused, and he is present in Court in person, it shall be interpreted to him in open Court in a language understood by him.
Section 314(2): If he appears by an advocate and the evidence is given in a language other than the language of the Court, and not understood by the advocate, it shall be interpreted to such advocate in that language.
Section 314(3): When documents are put for the purpose of formal proof, it shall be in the discretion of the Court to interpret as much thereof as appears necessary.
For the official legislative text, consult the India Code portal and the Bureau of Police Research and Development BNSS reference PDF.
Explanation of the three legal requirements
1. Interpretation for an accused who is personally present
Where oral evidence is given in a language that the accused does not understand, the court must arrange for it to be interpreted in open court into a language understood by the accused. This is a mandatory requirement when the statutory conditions are satisfied. The objective is to allow meaningful participation in the proceedings and an opportunity to follow the testimony.
2. Interpretation for the advocate representing the accused
Where the accused appears through an advocate, and evidence is given in a language different from the language of the court which the advocate does not understand, the provision requires interpretation for the advocate. The wording of subsection (2) should be read according to its statutory conditions; it does not establish an unrestricted right to translation of every document into a language chosen by counsel.
3. Documents produced for formal proof
When documents are put forward merely for formal proof, the court has discretion to determine how much of their contents requires interpretation. This discretion should be exercised in the context of fairness and the issues actually in dispute. The provision does not automatically require a full translation of every document tendered in evidence.
Why interpretation of evidence matters in a criminal trial
The interpretation requirement helps the accused understand the case being presented, consult legal counsel, and give meaningful instructions regarding cross-examination or defence. A language barrier may otherwise impair effective participation in the trial. Whether a particular omission affects the legality of proceedings depends on the facts, the nature of the irregularity and the applicable law governing prejudice and failure of justice.
Related procedural provisions
- Section 273 CrPC / Section 308 BNSS: Evidence generally to be taken in the presence of the accused, subject to statutory exceptions.
- Section 277 CrPC / Section 312 BNSS: Language of the record of evidence.
- Section 278 CrPC / Section 313 BNSS: Procedure after recording witness evidence, including reading over and correction.
- Section 280 CrPC / Section 315 BNSS: Remarks regarding the demeanour of a witness.
- Section 282 CrPC / Section 317 BNSS: Interpreter to be bound to interpret truthfully.
Frequently asked questions
What is the BNSS equivalent of Section 279 CrPC?
Section 314 BNSS is the corresponding provision dealing with interpretation of evidence to the accused or the accused's advocate.
Must testimony be interpreted if the accused does not understand it?
Yes. Where the accused is personally present and the evidence is given in a language not understood by the accused, Section 314(1) BNSS requires interpretation in open court in a language understood by the accused.
Is interpretation of every documentary exhibit mandatory?
No. Section 314(3) BNSS gives the court discretion to interpret as much of documents put for formal proof as appears necessary.
Does Section 279 CrPC still matter after 1 July 2024?
Yes. Although the BNSS replaced the CrPC, Section 531 BNSS contains saving provisions relevant to proceedings pending at commencement. The procedural statute applicable to a particular matter requires a case-specific assessment.
Official legal references
Read the India Code statutory database for the CrPC and BNSS, and the official BPR&D publication of the BNSS for the new law and section correspondence. The wording of any applicable amendment or notification should be verified against the relevant official publication.