Criminal procedure | Updated 18 October 2026

Section 280 CrPC: Remarks Respecting Demeanour of Witness

Section 280 of the Code of Criminal Procedure, 1973 (CrPC) required a Judge or Magistrate recording witness evidence to note any material observations about the witness's demeanour during examination. The corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is Section 315.

Current legal position: The BNSS came into force on 1 July 2024 and repealed the CrPC, subject to the saving provisions in Section 531. Section 315 BNSS retains the same substantive wording as Section 280 CrPC. Pending proceedings may continue under the CrPC where the statutory savings apply.

Text of Section 280 CrPC

Section 280 - Remarks respecting demeanour of witness

When a presiding Judge or Magistrate has recorded the evidence of a witness, he shall also record such remarks (if any) as he thinks material respecting the demeanour of such witness whilst under examination.

Corresponding provision: Section 315 BNSS

Section 315 - Remarks respecting demeanour of witness provides:

Thus, the central requirement remains unchanged: the presiding judicial officer should record observations considered material about the manner in which a witness behaves while giving evidence. The section does not require remarks where the officer considers none material.

Meaning of witness demeanour

Demeanour means the observable conduct, manner and behaviour of a witness while under examination. It may include notable hesitation, an unusual reaction to a question, an apparent inability to respond, or other conduct observed by the presiding judicial officer that may be relevant to assessing testimony.

A demeanour note is a contemporaneous observation, not a substitute for evaluating the witness's actual answers, consistency, surrounding circumstances and other evidence. Nervousness or hesitation alone does not necessarily indicate dishonesty.

What must the Judge or Magistrate record?

Material observations: Only observations considered significant to the witness's examination need be recorded.
Observations made during examination: The provision concerns conduct noticed while the witness gives evidence.
A judicial record: The presiding Judge or Magistrate records the relevant remarks alongside the evidence, rather than leaving them to speculation by others.
No mandatory adverse inference: The statute does not direct the court to treat particular gestures or behaviour as proof of truthfulness or falsehood.

Why are demeanour remarks important?

Written transcripts generally capture what a witness said, but may not fully reflect the way evidence was delivered. A material observation recorded by the judicial officer can provide context when the testimony is later evaluated. Such remarks may also assist a reviewing court in understanding what the trial court actually observed.

For example, if a witness becomes unable to answer a particular question and the presiding officer considers that reaction significant, the officer may record the observation. Whether it affects the evidentiary assessment depends on the whole record; the observation alone is not determinative.

Section 280 CrPC formed part of the provisions governing evidence in inquiries and trials. The neighbouring provisions address the language of the record of evidence (Section 277), reading and correction of evidence (Section 278), and interpretation of evidence to the accused or pleader (Section 279). Their corresponding BNSS provisions are Sections 312, 313 and 314 respectively.

Which provision applies after 1 July 2024?

Section 531(1) BNSS repeals the CrPC. Under Section 531(2)(a), an appeal, application, trial, inquiry or investigation pending immediately before commencement of the BNSS continues under the CrPC as provided by that saving clause. Accordingly, Section 280 CrPC remains relevant to saved proceedings, while Section 315 BNSS governs proceedings to which the new procedural law applies.

The applicable law in a particular case should be determined by examining its procedural history and the saving provisions, rather than merely the date on which a witness is examined.

Frequently asked questions

What is Section 280 CrPC?

It concerns the recording of material remarks by a presiding Judge or Magistrate about the demeanour of a witness during examination.

What is the equivalent of Section 280 CrPC in BNSS?

Section 315 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Its operative wording is the same.

Must a Judge record remarks about every witness?

The provision calls for remarks, if any, that the Judge or Magistrate considers material. It does not require a remark about every witness.

Can demeanour alone establish that a witness is lying?

No. Demeanour is only one possible contextual consideration and must not replace a reasoned assessment of testimony and the full evidentiary record.

Official legal sources

Read the official BNSS text (Bureau of Police Research and Development, PDF), including Sections 315 and 531; the BNSS provisions on the NCRB government portal; and the official CrPC-to-BNSS section correspondence table.

This article provides general legal information. Application to individual proceedings depends on the governing statute, procedural stage and judicial directions.