Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 313: Procedure in Regard to Such Evidence When Completed
(1) As the evidence of each witness taken under section 310 or section 311 is completed, it shall be read over to him in the presence of the accused, if in attendance, or of his pleader, if he appears by pleader, and shall, if necessary, be corrected.
(2) If the witness denies the correctness of any part of the evidence when the same is read over to him, the Magistrate or presiding Judge may, instead of correcting the evidence, make a memorandum thereon of the objection made to it by the witness and shall add such remarks as he thinks necessary.
(3) If the record of the evidence is in a language different from that in which it has been given and the witness does not understand that language, the record shall be interpreted to him in the language in which it was given, or in a language which he understands.
Brefe Detail
Section 313 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the procedure for handling the evidence of witnesses after it has been recorded. It requires that the completed evidence be read back to the witness in the presence of the accused or their legal representative, allowing for corrections if necessary. If the witness disputes any part of the evidence, the Magistrate or presiding Judge must document the objection. Additionally, if the evidence is recorded in a language the witness does not understand, it must be interpreted back to them in a language they comprehend.
Question & Answers
Q1: What must happen after the evidence of each witness is completed?
A1: The evidence must be read over to the witness in the presence of the accused or their pleader, and corrections may be made if necessary.
Q2: What if the witness denies the correctness of any part of the evidence?
A2: The Magistrate or presiding Judge may document the witness's objections instead of correcting the evidence and may add remarks as needed.
Q3: How is the evidence handled if it is in a different language than that spoken by the witness?
A3: The record must be interpreted to the witness in the language in which the evidence was given or in a language they understand.
Example
1. Reading of Evidence: After a witness completes their testimony, the Magistrate reads the evidence back to them in front of the accused. The witness notes a mistake and requests a correction.
2. Objection to Evidence: A witness claims that a part of their recorded evidence is incorrect. The Magistrate makes a memorandum of the objection without altering the original record.
3. Language Interpretation: If a witness provides evidence in Hindi but the record is in English, an interpreter is brought in to ensure the witness understands the content.
Summary
Section 313 of the Bharatiya Nagarik Suraksha Sanhita, 2023, establishes clear procedures for the review and verification of witness evidence after it has been recorded. It ensures that witnesses can contest inaccuracies, have their objections documented, and receive interpretations of the record in a language they understand, thereby safeguarding the integrity of the evidentiary process.
