Section 277 of CrPC : Section 277: Language of record of evidence.

Explanation using Example

Example 1:

Scenario: A theft case is being heard in a court in Mumbai, where the official language of the court is Marathi.

Situation: A witness, Mr. Sharma, who speaks Hindi, is called to give his testimony.

Application of Section 277:

• Clause (a): Since Mr. Sharma is not giving his evidence in Marathi (the language of the court), clause (a) does not apply.
• Clause (b): The court finds it practicable to take down Mr. Sharma's evidence in Hindi. Therefore, his testimony is recorded in Hindi.
• Clause (c): A true translation of Mr. Sharma's Hindi testimony into Marathi is prepared as soon as practicable, signed by the presiding Judge, and forms part of the official record.

Outcome: Mr. Sharma's testimony is recorded in Hindi, and a Marathi translation is added to the court records, ensuring that all parties understand the evidence presented.

Example 2:

Scenario: A murder trial is taking place in a court in Chennai, where the official language is Tamil.

Situation: A witness, Ms. Patel, who speaks Gujarati, is called to testify.

Application of Section 277:

• Clause (a): Ms. Patel is not giving her evidence in Tamil, so clause (a) does not apply.
• Clause (b): The court finds it impracticable to take down Ms. Patel's evidence in Gujarati directly. Therefore, a true translation of her Gujarati testimony into Tamil is prepared as she speaks, signed by the presiding Judge, and forms part of the record.
• Clause (c): Since the evidence was taken down in Gujarati and translated into Tamil immediately, no further action is required under clause (c).

Outcome: Ms. Patel's testimony is translated into Tamil as she speaks, ensuring that the court and all parties understand her evidence. The translated testimony is signed by the Judge and becomes part of the official record.

Example 3:

Scenario: A fraud case is being heard in a court in Delhi, where the official language is Hindi.

Situation: A witness, Mr. John, who speaks English, is called to give his testimony.

Application of Section 277:

• Clause (a): Mr. John is not giving his evidence in Hindi, so clause (a) does not apply.
• Clause (b): The court finds it practicable to take down Mr. John's evidence in English. Therefore, his testimony is recorded in English.
• Clause (c): Since the evidence is taken down in English and none of the parties require a Hindi translation, the court may dispense with such translation as per the proviso.

Outcome: Mr. John's testimony is recorded in English, and no Hindi translation is prepared, as it is not required by any of the parties. The English testimony is signed by the Judge and forms part of the official record.