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Impermissible for trial courts to record testimony only in English if witness gives evidence in vernacular: Supreme Court

This prompted the Court to highlight that trial courts should comply with the provisions of Section 277 of the Code of Criminal Procedure,1973 (CrPC), while recording the testimony of the witnesses. Section 277 deals with the language in which evidence should be recorded in criminal trials.

The said provision provides that if a witness gives evidence in any language other than the language of the court, “it may, if practicable, be taken down in that language.” The provision adds that if it is not practicable to record such evidence in the language in which it is given by the witness, then a “a true translation” shall be prepared in the language of the court.

The Supreme Court further noted that as per this provision,

“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.”

Source: Barandbench

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