Don't Record Witness Testimonies In English Translations Alone; Follow Sec 277 CrPC : Supreme Court To Trial Courts

The Supreme Court has disapproved of the practice of trial judges recording the deposition of a witness only in the English language form as translated by the judge, when the witness testifies in a different language.

The evidence of the witness has to be recorded in the language of the court or in the language of the witness as may be practicable and then get it translated in the language of the court for forming part of the record. 

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

The bench of Justices Ajay Rastogi and Bela M. Trivedi directed that all courts, while recording the evidence of the witnesses, shall duly comply with the provisions of Section 277 of Code of Criminal Procedure.

The bench made this observation while disposing a criminal appeal as it noticed that in some of the trial courts the depositions of the witnesses are not being recorded in their language and are being recorded in English language only, as may be translated by the Presiding officer.  In the case before it, the trial court had recorded the evidence of the prosecutrix in English translation, though she had deposed in her vernacular language.

The court noticed that as per Section 277 Cr.P.C :

(1) 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.

(2) 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.

(3) 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 court said that evidence of the witness has to be recorded in the language of the court or in the language of the witness as may be practicable and then get it translated in the language of the court for forming part of the record.

"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",  the bench added.

Case details

Naim Ahamed vs State (NCT of Delhi) | 2023 LiveLaw (SC) 66 | CrA 257 OF 2023 | 30 Jan 2023 | Justices Ajay Rastogi and Bela M. Trivedi

Ms. Indira Jaisingh, Sr. Adv. (AC) Mr. Parasnath Singh, Adv. Mr. Srisatya Mohanty, Adv. Mr. Ravinder Singh, Adv. Ms. Raveesha Gupta, Adv. Ms. Mantika Haryani, Adv. Mr. Sanjeev Kaushik, Adv. Mr. Shreyas Awasthi, Adv. Mr. Devvrat Singh, Adv. Mr. Rohin Bhatt, Adv. Ms. Muskan Surana, Adv. Ms. Astha Sharma, (AOR) For Petitioner(s) Mr. Raj Kishor Choudhary, AOR Mr. Shakeel Ahmed, Adv. Mr. Anupam Bhati, Adv. Mr. Rizwan Ahmed, Adv. Mr. Amir Kaleem, Adv. Mr. Vikramjeet Singh Ranga, Adv. Mr. Nakul Chaudhary, Adv. Mr. Waseem Akhatar Khan, Adv. For Respondent(s) Mr. K.L. Janjani, Adv. Mr. Ketan Paul, Adv. Mohd. Akhil, Adv. Ms. Deepabali Dutta, Adv. Mr. T.S. Sabarish, Adv. Mr. Gurmeet Singh Makker, AOR

Code of Criminal Procedure, 1973 ; Section 277 - The evidence of the witness has to be recorded in the language of the court or in the language of the witness as may be practicable and then get it translated in the language of the court for forming part of the record. However, recording of evidence of the witness in the translated form in English language only, though the witness gives evidence in the language of the court, or in his/her own vernacular language, is not permissible - 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 - 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 - All courts while recording the evidence of the witnesses, shall duly comply with the provisions of Section 277 of Cr.PC. (Para 25)

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