Chapter XXIII
Section 280 CrPC: Remarks respecting demeanour of witness
New Law Update (2024)
Section 298 BNSS
TRIAL COURT
Court of Judge or Magistrate
Punishment
Procedural – Evidence / Witnesses
Cognizable?
Bailable?
Compoundable?
Bare Act Text
When a presiding Judge or Magistrate has recorded the evidence of a witness, he shall also record such remarks (if any) as he thinks material respecting the demeanour of such witness whilst under examination.
Important Sub-Sections Explained
Landmark Judgements
Sarwan Singh v. State of Punjab (1957):
The Supreme Court emphasized the significance of a trial judge’s observations regarding the demeanour of a witness, noting that such remarks provide valuable assistance to appellate courts in assessing credibility, as the trial court is uniquely positioned to observe the witness directly.
State of U.P. v. M.K. Anthony (1985):
The Supreme Court reiterated that while recording remarks on witness demeanour is discretionary, these observations are crucial for appellate courts to independently evaluate the evidence, highlighting the unique advantage of the trial judge in observing a witness’s conduct and truthfulness.