What Is BNSS Section 318?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 318: 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.

Brefe Detail

Section 318 of the Bharatiya Nagarik Suraksha Sanhita, 2023, empowers High Courts to establish general rules regarding the recording of evidence and examination of accused individuals. This section ensures that there is a standardized approach to how these proceedings are documented, promoting consistency and clarity in the judicial process.

Question & Answers

Q1: What authority does Section 318 give to High Courts?

A1: Section 318 allows High Courts to prescribe the manner in which evidence of witnesses and examination of the accused shall be recorded.

Q2: Why is it important for High Courts to have rules regarding evidence recording?

A2: Having standardized rules ensures consistency and clarity in judicial proceedings, which is essential for fair trials.

Q3: In what cases does Section 318 apply?

A3: Section 318 applies to cases coming before the High Courts.

Q4: What does the evidence and examination need to comply with?

A4: Evidence and examination must be taken down in accordance with the general rules prescribed by the High Court.

Example

1. Standard Recording Procedure: A High Court establishes a rule that all witness testimonies must be recorded verbatim during trials.

2. Electronic Evidence Submission: A rule is set that allows electronic submissions of evidence, requiring judges to ensure proper documentation in digital format.

3. Language Requirements: A High Court prescribes that evidence must be recorded in the official language of the court, ensuring all parties understand the proceedings.

Summary

Section 318 of the Bharatiya Nagarik Suraksha Sanhita, 2023, grants High Courts the authority to create general rules for recording the evidence of witnesses and the examination of accused individuals. This provision aims to standardize procedures, enhancing the clarity and consistency of judicial processes in the High Courts.