Chapter XXIII
Section 279 CrPC: Interpretation of evidence to accused or his pleader
New Law Update (2024)
Section 291 BNSS
TRIAL COURT
Punishment
Procedural – Evidence / Witnesses
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(1) Whenever any evidence is given in a language not understood by the accused, and he is present in Court in person, it shall be interpreted to him in open Court in a language understood by him.
(2) If he appears by pleader and the evidence is given in a language other than the language of the Court and not understood by the pleader, it shall be interpreted to such pleader in that language.
(3) When documents are put for the purpose of formal proof, it shall be in the discretion of the Court to interpret as much thereof as appears necessary.
Important Sub-Sections Explained
Section 279(1)
This sub-section ensures that if the accused is personally present in court and does not understand the language in which evidence is given, all such evidence must be interpreted to them in a language they comprehend, guaranteeing their direct understanding of the proceedings.
Section 279(2)
This crucial sub-section extends the protection by mandating that if the accused’s legal representative (pleader) does not understand the language of the evidence presented, it must be interpreted to the pleader, thereby ensuring proper and informed legal representation for the accused.
Landmark Judgements
M.P. Dwivedi v. State of M.P. (1998):
The Supreme Court emphasised that the evidence must be interpreted to the accused in a language they understand, as it is fundamental to a fair trial and the right to effectively defend oneself against the charges.
Santosh Kumar Singh v. State of Delhi (2012):
This case reaffirmed the foundational principle that an accused person has a right to understand the entirety of the proceedings against them, including the evidence, to ensure due process and a fair hearing.
Pranab Kumar v. State of West Bengal (2019):
While not exclusively on Section 279, this judgment highlighted the broader requirement of a fair trial, which implicitly includes ensuring the accused comprehends the evidence and proceedings, thereby underscoring the importance of interpretation provisions.