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CHAPTER XXIII EVIDENCE IN INQUIRIES AND TRIALS · A.–Mode of taking and recording evidence

Section 278: Procedure in regard to such evidence when completed

The Code of Criminal Procedure, 1973 (repealed)

Repealed by the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024.

(1) As the evidence of each witness taken under section 275 or section 276 is completed, it shall be read over to him in the presence of the accused, if in attendance, or of his pleader, if he appears by pleader, and shall, if necessary, be corrected.

(2) If the witness denies the correctness of any part of the evidence when the same is read over to him, the Magistrate or presiding Judge may, instead of correcting the evidence, make a memorandum thereon of the objection made to it by the witness and shall add such remarks as he thinks necessary.

(3) If the record of the evidence is in a language different from that in which it has been given and the witness does not understand that language, the record shall be interpreted to him in the language in which it was given, or in a language which he understands.

State Amendment (as printed in the official text)

Gujarat

In the principal Act, in section 278, after sub-section (3), the following sub-sections shall be added, namely: —

“(4) Nothing contained in sub-sections (1) to (3) shall apply when the evidence under section 273 is taken through the medium of Electronic Video Linkage.

(5) The evidence taken through the medium of Electronic Video Linkage in electronic from shall be the electronic record within the meaning of clause (t) of section 2 if the Information Technology Act, 2000 (21 of 2000)”

[Vide Gujarat Act 31 of 2017, sec. 3.]

Now in the BNSS

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

278. Procedure in regard to such evidence when completed.BNSS 313

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