CrPC Section 282: Interpreter to Be Bound to Interpret Truthfully
Section 282 of the Code of Criminal Procedure, 1973 (CrPC) required interpreters assisting criminal courts to interpret evidence and statements truthfully. The corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is Section 317.
Section 282 CrPC: Statutory text
Heading: Interpreter to be bound to interpret truthfully.
When the services of an interpreter are required by any Criminal Court for the interpretation of any evidence or statement, he shall be bound to state the true interpretation of such evidence or statement.
Section 282 appeared in Chapter XXIII of the CrPC, dealing with evidence in inquiries and trials, under the provisions governing the mode of taking and recording evidence.
Meaning of Section 282 CrPC
An interpreter is a person who conveys the meaning of spoken or otherwise communicated evidence or statements from one language or form of communication into another so that the court and relevant participants can understand them. The statutory requirement is accuracy and faithfulness to the original communication.
When does the obligation arise?
The obligation arises when a criminal court requires an interpreter to interpret evidence or a statement. The provision covers the interpretation of witness testimony and other statements for which the court needs interpretation.
What must the interpreter do?
The interpreter must communicate the true meaning of the evidence or statement. The interpreter should not knowingly omit, embellish, distort or substitute the speaker's meaning. This helps the court maintain an accurate record and assess the evidence fairly.
Does Section 282 prescribe a separate punishment?
Section 282 itself states the duty of truthful interpretation; it does not specify a separate punishment. Any legal consequences of deliberately false interpretation depend on the facts and on other applicable statutory provisions.
Corresponding law: Section 317 of the BNSS, 2023
Section 317 BNSS - Interpreter to be bound to interpret truthfully carries forward the same substantive statutory wording:
When the services of an interpreter are required by any Criminal Court for the interpretation of any evidence or statement, he shall be bound to state the true interpretation of such evidence or statement.
Thus, the duty remains relevant under the current criminal procedure framework. For proceedings governed by the BNSS, Section 317 is the appropriate provision to consult. For proceedings affected by the repeal and savings framework, consult Section 531 BNSS in the official Act before determining which procedural law applies.
Practical application in criminal proceedings
For example, where a witness gives evidence in a language not understood by the court, an interpreter may be engaged to convey the testimony. The interpreter must reproduce the substance accurately, including material qualifications or denials, rather than offering a personal summary or opinion.
Truthful interpretation supports the accused person's ability to understand the proceedings and the court's ability to evaluate the evidence. Related procedural safeguards include Section 279 CrPC, concerning interpretation of evidence to the accused or pleader, and Section 277 CrPC, concerning the language of the record of evidence.
If the accuracy of an interpretation is disputed, the court may need to address the concern in accordance with the applicable procedure and the circumstances of the case. Section 282 should not be read as independently prescribing a particular mechanism for such disputes.
Official legislative sources
- India Code: Code of Criminal Procedure, 1973 - see Section 282.
- India Code: Bharatiya Nagarik Suraksha Sanhita, 2023 - see Sections 317 and 531.
- Bureau of Police Research and Development: New Criminal Laws - official legislative materials.
This article is intended for general legal information. The statute, relevant notifications and judicial directions should be checked for the particular proceeding.