CrPC Section 283 - Record in High Court: Meaning and BNSS Section 318
Section 283 of the Code of Criminal Procedure, 1973 empowered every High Court to make general rules about how witness evidence and examination of an accused person are recorded in cases before it. The corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 318.
Text of Section 283 CrPC - Record in High Court
Every High Court may, by general rule, prescribe the manner in which the evidence of witnesses and the examination of the accused shall be taken down in cases coming before it, and such evidence and examination shall be taken down in accordance with such rule.
Corresponding provision: Section 318 BNSS, 2023
Section 318 - Record in High Court provides that every High Court may prescribe, by general rule, the manner of recording witness evidence and the examination of an accused in cases before that High Court. The evidence and examination must be recorded in accordance with the applicable rule.
Section 318 is the relevant corresponding provision in the BNSS; Section 283 BNSS is a different provision concerning summary trials.
Meaning and legal effect
Power to prescribe general rules
The expression "by general rule" means that a High Court may establish procedural requirements applicable to recording evidence and examination of an accused in matters coming before it. The precise method depends on the rules governing that High Court.
Recording evidence of witnesses
The provision concerns the manner in which testimony is taken down and preserved in the court record. It does not, by itself, decide whether a witness is competent, whether evidence is admissible, or the weight to be given to testimony.
Examination of the accused
It also covers the manner of recording an accused person's examination when a case comes before the High Court. The applicable procedural law and court rules must be read together.
Compliance with High Court rules
Once a relevant general rule is prescribed, the recording of evidence and examination must follow that rule. Whether any departure affects proceedings depends on the nature of the irregularity and other applicable legal provisions.
Does Section 283 CrPC still apply?
The CrPC was repealed when the BNSS commenced on 1 July 2024. However, Section 531 BNSS contains savings provisions for specified pending proceedings and related matters. Consequently, the applicable procedural regime should be determined from the facts, commencement date, status of proceedings and the statutory savings, rather than assuming that every case automatically follows the new provision.
Practical significance
For litigants and advocates, the provision helps identify the source of authority for the High Court's procedure in recording testimony and an accused person's examination. In a particular case, consult the current High Court rules, relevant procedural provisions, and judicial directions applicable to that court.
Official legislative sources
Read the Code of Criminal Procedure, 1973 on India Code and the Ministry of Home Affairs page for the new criminal laws, which provides the Bharatiya Nagarik Suraksha Sanhita, 2023. The Bureau of Police Research and Development's BNSS reference PDF is also useful for locating Section 318.
Frequently asked questions
What is Section 283 of the CrPC?
It authorises a High Court to prescribe general rules governing the recording of witness evidence and examination of an accused in cases before it.
What is the equivalent of CrPC Section 283 in BNSS?
Section 318 of the Bharatiya Nagarik Suraksha Sanhita, 2023, titled "Record in High Court".
Does this section apply to every criminal court?
The provision specifically addresses cases coming before a High Court. Other provisions regulate evidence and examination in subordinate criminal courts.
This article provides general legal information and should be read with the applicable statute, High Court rules and case-specific orders.