Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 315: 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.
Brefe Detail
Section 315 of the Bharatiya Nagarik Suraksha Sanhita, 2023, specifies that when a Judge or Magistrate records the evidence provided by a witness, they must also make note of any observations regarding the witness's demeanour during the examination. These remarks are considered important for evaluating the witness's credibility and the overall context of their testimony.
Question & Answers
Q1: What must a presiding Judge or Magistrate do after recording a witness's evidence?
A1: They must also record any remarks they consider material regarding the witness's demeanour during the examination.
Q2: Why are remarks about a witness's demeanour important?
A2: Such remarks help evaluate the credibility of the witness and provide context to their testimony.
Q3: Is it mandatory for Judges or Magistrates to record remarks on demeanour?
A3: Yes, if they think the remarks are material, they are required to record them.
Example
1. Observation of Nervousness: A Judge notes that a witness appeared visibly nervous and avoided eye contact during their testimony, which may influence the assessment of their reliability.
2. Confident Delivery: A Magistrate records that a witness spoke clearly and confidently, suggesting they were well-prepared and credible.
3. Inconsistent Behaviour: While giving evidence, a witness smiles at inappropriate moments. The presiding Judge notes this behaviour as it may affect how their testimony is perceived.
Summary
Section 315 of the Bharatiya Nagarik Suraksha Sanhita, 2023, emphasizes the importance of recording a witness's demeanour during testimony. By requiring Judges and Magistrates to document their observations, the section aims to enhance the evaluation of witness credibility, ultimately contributing to the integrity of the judicial process.
