Legal Provisions of Section 278 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.
Procedure in regard to such evidence when completed:
ADVERTISEMENTS:
This section provides the procedure to be followed after the evidence is completed. The evidence should be read over to the witness or interpreted to him if it has been taken in the language which witness does not understand. Such reading or interpreting, as the case may be, should be done in the presence of the accused or his lawyer.
The Privy Council in Abdul Rehman v. Emperor expressed a view that noncompliance with the section does not render the evidence inadmissible. It only prevents a presumption being raised as to its correctness under Section 80 of the Evidence Act. The Supreme Court has also held that non-compliance with the provisions of Section 278 does not vitiate the trial unless it has caused prejudice to parties or resulted into failure of justice.
In K. M. Subramani v. State of Andhra Pradesh, the Court held that when prosecution is launched against the accused, his freedom and liberty is at the stake, therefore, it becomes the bounden duty of the Magistrate to explain the trial proceedings to the accused in the language which he speaks or understands, so that he may defend himself against the charges.
Image Source : luna.edu
ADVERTISEMENTS:
In the instant case, the Magistrate had recorded the answers to questions asked to the accused in Telgu language whereas the accused was a Tamil. As such it was evident that justice was not done to the accused because the trial proceedings were conducted in a language different than that the accused knew or understood. The Court, therefore, ordered his retrial.