Section 315 of The Bharatiya Nagarik Suraksha Sanhita, 2023 in hindi
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.
Summary
- This provision requires judges to observe and note the behavior of witnesses.
- When a Judge or Magistrate records evidence, they must also record "demeanour" remarks.
- Demeanour refers to how the witness acts or looks while being questioned.
- These remarks should only be recorded if the judge thinks they are "material" or important to the case.
Practical examples
FAQ
1. What does "demeanour" mean in Section 315 of the Bharatiya Nagarik Suraksha Sanhita, 2023?
In Section 315 of the Bharatiya Nagarik Suraksha Sanhita, 2023, it refers to the behavior, appearance, or manner of a witness while they are being examined in court.
2. Is a Judge required to record behavior for every witness under BNSS 315?
No, Section 315 of the Bharatiya Nagarik Suraksha Sanhita, 2023 says the Judge records such remarks if he thinks they are "material".
3. At what stage are these remarks recorded according to Section 315 of the Bharatiya Nagarik Suraksha Sanhita, 2023?
They are recorded when the Judge or Magistrate has recorded the evidence of the witness.
Test yourself
Q1.Under Section 315 of the Bharatiya Nagarik Suraksha Sanhita, 2023, what must a Judge record along with witness evidence?
Q2.Who is responsible for making the remarks under Section 315 of the Bharatiya Nagarik Suraksha Sanhita, 2023?
Q3.When should the remarks under Section 315 of the Bharatiya Nagarik Suraksha Sanhita, 2023 be recorded?
Q4.If an interpreter is used as per Section 317, does Section 315 of the Bharatiya Nagarik Suraksha Sanhita, 2023 still apply to the witness?