Chargesheet Filed In A Language Which The Accused Does Not Understand Is Not Illegal; Translation Can Be Given : Supreme Court

The Supreme Court held that a charge sheet filed in a language other than the language of the Court or the language which the accused does not understand is not illegal.

The bench of Justices Abhay S Oka and Rajesh Bindal observed that if both the accused and his advocate are not conversant with the language in which the charge sheet has been filed, the Courts can always direct the prosecution to provide a translated version of the charge sheet.

The court observed thus while allowing CBI's appeal against the Madhya Pradesh High Court which observed that Hindi was the only language of the Criminal Courts in the State and therefore, the accused was entitled to seek a translation of the charge sheet into the language of the Court.  Here, the CBI had filed the chargesheet in English.

The court noted that there is no specific provision in CrPC which requires the investigating agency/officer to file it in the language of the Court determined in accordance with Section 272 of CrPC.

"The power under Section 272 is not a power to decide which language shall be used by the investigating agencies or the police for the purposes of maintaining the record of the investigation. At the highest, for that purpose, the provisions regarding the law governing the Official Language of the State may apply subject to the provisions contained in such enactment. In a given case, while prescribing a form as required by Sub­section (2) of Section 173, the State Government may provide that the charge sheet must be filed in the official language of the State. Therefore, Section 272 deals with only the language of the Courts under CrPC."

"Even if such a requirement is read into Section 173, per se, the proceedings will not be vitiated if the report is not in the language of the Court. The test of failure of justice will have to be applied in such a case as laid down in Section 465 of CrPC.", the bench said.

Referring to the CrPC provisions that deal with the language, the bench made these observations:

"When a copy of the report and the documents are supplied to the accused under Section 207 and/or Section 208, an opportunity is available for the accused to contend that he does not understand the language in which the final report or the statements or documents are written. But he must raise this objection at the earliest. In such a case, if the accused is appearing in person and wants to defend himself without opting for legal aid, perhaps there may be a requirement of supplying a translated version of the charge sheet and documents or the relevant part thereof concerning the said accused to him. It is, however, subject to the accused satisfying the Court that he is unable to understand the language in which the charge sheet is submitted.

When the accused is represented by an advocate who fully understands the language of the final report or charge sheet, there will not be any requirement of furnishing translations to the accused as the advocate can explain the contents of the charge sheet to the accused. If both the accused and his advocate are not conversant with the language in which the charge sheet has been filed, then the question of providing translation may arise. The reason is that the accused must get a fair opportunity to defend himself. He must know and understand the material against him in the charge sheet. That is the essence of Article 21 of the Constitution of India. With the availability of various software and Artificial Intelligence tools for making translations, providing translations will not be that difficult now. In the cases mentioned aforesaid, the Courts can always direct the prosecution to provide a translated version of the charge sheet. But we must hasten to add that a charge sheet filed within the period provided either under Section 167 of CrPC or any other relevant statute in a language other than the language of the Court or the language which the accused does not understand, is not illegal and no one can claim a default bail on that ground."

"There are central agencies like the National Investigation Agency, Central Bureau of Investigation, etc. These agencies investigate serious offences or offences having wide ramifications. Obviously, such central agencies, in every case will not be in a position to file the final report in the language of the concerned Court as determined by Section 272 of CrPC."

The court noted that, in the facts of the cases in hand, it cannot be said that a non­supply of translation of the charge sheet and other documents to the accused in both appeals will occasion a failure of justice.

CBI vs Narottam Dhakad | 2023 LiveLaw (SC) 708 | 2023 INSC 770

Code of Criminal Procedure, 1973 ; Section 272,173,465 - There is no specific provision in CrPC which requires the investigating agency/officer to file it in the language of the Court determined in accordance with Section 272 of CrPC. Even if such a requirement is read into Section 173, per se, the proceedings will not be vitiated if the report is not in the language of the Court. The test of failure of justice will have to be applied in such a case as laid down in Section 465 of CrPC. (Para 18)

Code of Criminal Procedure, 1973 ; Section 272, 167, 173 - A charge sheet filed within the period provided either under Section 167 of CrPC or any other relevant statute in a language other than the language of the Court or the language which the accused does not understand, is not illegal and no one can claim a default bail on that ground - With the availability of various software and Artificial Intelligence tools for making translations, providing translations will not be that difficult now. In the cases mentioned aforesaid, the Courts can always direct the prosecution to provide a translated version of the charge sheet.  (Para 19)

Code of Criminal Procedure, 1973 ; Section 272 - The power under Section 272 is not a power to decide which language shall be used by the investigating agencies or the police for the purposes of maintaining the record of the investigation. At the highest, for that purpose, the provisions regarding the law governing the Official Language of the State may apply subject to the provisions contained in such enactment. In a given case, while prescribing a form as required by Sub­section (2) of Section 173, the State Government may provide that the charge sheet must be filed in the official language of the State. Therefore, Section 272 deals with only the language of the Courts under CrPC.

Code of Criminal Procedure, 1973 ; Section 207,208 - When a copy of the report and the documents are supplied to the accused under Section 207 and/or Section 208, an opportunity is available for the accused to contend that he does not understand the language in which the final report or does not understand the language in which the final report or the statements or documents are written. But he must raise this objection at the earliest. In such a case, if the accused is appearing in person and wants to defend himself without opting for legal aid, perhaps there may be a requirement of supplying a translated version of the charge sheet and documents or the relevant part thereof concerning the said accused to him. It is, however, subject to the accused satisfying the Court that he is unable to understand the language in which the charge sheet is submitted - When the accused is represented by an advocate who fully understands the language of the final report or charge sheet, there will not be any requirement of furnishing translations to the accused as the advocate can explain the contents of the charge sheet to the accused. If both the accused and his advocate are not conversant with the language in which the charge sheet has been filed, then the question of providing translation may arise. The reason is that the accused must get a fair opportunity to defend himself. (Para 19)

Code of Criminal Procedure, 1973 ; Section 464,465- While deciding whether there is a failure of justice occasioned due to error, omission, or irregularity in the trial, the Court is required to consider the fact whether the objection could and should have been raised at an earlier stage in the proceedings. (Para 16)

Constitution of India, 1950 ; Article 21 - Code of Criminal Procedure, 1973 ; Section 207,208 - Accused must know and understand the material against him in the charge sheet. That is the essence of Article 21 of the Constitution of India. (Para 19)

Code of Criminal Procedure, 1973 ; Section 228, 240 - If the accused does not understand the language in which the charge is framed, the Court will have to explain the charge to him in the language which he understands. (Para 14.b and 14.c.)

Code of Criminal Procedure, 1973 ; Section 211, 215 - In a given case, even if the charge is not framed in the language of the Court, the omission to frame the charge in the language of the Court shall not be material unless it is shown that the accused was misled and it resulted in failure of justice. (Para 14.a)

Code of Criminal Procedure, 1973 ; Section 279 - Where evidence is recorded in the language of the Court which is not understood by the accused or his pleader, there is an obligation on the part of the Court to explain the evidence to the accused or his lawyer, as the case may be. (Para 14.g)

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