Say the 'Word': Recording Evidence of Witness Only in English Not Permissible, SC Tells Trial Courts

Recording of evidence of the witness only in English, even though the witness gives evidence in the language of the court, or in his/her own vernacular language, is not permissible, the Supreme Court held recently.

“As such, the text and tenor of the evidence and the demeanor of a witness in the court could be appreciated in the best manner only when the evidence is recorded in the language of the witness. Even otherwise, when a question arises as to what exactly the witness had stated in his/her evidence, it is the original deposition of the witness which has to be taken into account and not the translated memorandum in English prepared by the Presiding Judge….”, a bench of Justices Ajay Rastogi and Bela M Trivedi said.

With this view, the Supreme Court has directed that all courts, while recording the evidence of the witnesses, shall duly comply with the provisions of Section 277 of CrPC which deals with the language of record of evidence.

The Court made this observation when it was apprised that in some of the trial courts, the depositions of the witnesses were not being recorded in their language and are being recorded in English only, as may be translated by the Presiding officer.

“In our opinion, the evidence of the witness has to be taken down in the language of the court as required under Section 277 Cr.P.C. If the witness gives evidence in the language of the court, it has to be taken down in that language only. If the witness gives evidence in any other language, it may, if practicable, be taken down in that language, and if it is not practicable to do so, a true translation of the evidence in the language of the court may be prepared…,” the bench opined.

The Court further noted that it is only when the witness gives evidence in English and is taken down as such, and a translation thereof in the language of the court is not required by any of the parties, then the court may dispense with such translation.

If the witness gives evidence in the language other than the language of the court, a true translation thereof in the language of the court has to be prepared as soon as practicable, the division bench further observed.

Read all the Latest India News here