The language of record, evidence, and judgment in criminal proceedings should not hinder the dispensation of justice, and the accused, represented by counsel well-versed in English, would not be prejudiced by the charge sheet being in English.

Rakesh Saksena, J.

1. Applicants have filed this petition under Section 482 of the Code of Criminal Procedure challenging the order dated 24.9.2008 passed by Special Judge for CBI cases, Bhopal in Special Case No. 11/2008 dismissing the application filed by them under Section 265 of the Code of Criminal Procedure requesting that prosecution be directed to furnish Hindi translation of the documents filed by it in English along with the charge sheet filed against them.

2. CBI, ACB, Bhopal filed the charge sheet against the applicants under Sections 120-B, 420, 467, 468, 471 of the Indian Penal Code and Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act. This charge sheet was in English language. First Information Report, statements of witnesses and most of the documents filed along with the charge sheet were in English. Applicants filed application under Section 265 Code of Criminal Procedure stating that they did not have adequate knowledge of English language, therefore, they were incapable to defend themselves because the documents filed along with the charge sheet against them were in English language. According to them, their language was Hindi and since official language of the Court was also Hindi, they were entitled to have Hindi translation of the documents filed by the prosecution in the case, therefore, they prayed that prosecution be directed to supply the Hindi translation of the documents which were in English language.

3. It is apposite to quote Section 265(1) of the Code of Criminal Procedure which reads as under:

265. Language of record and judgment.- (1) Every such record and judgment shall be written in the language of the Court.

4. Since Section 265 of the Code of Criminal Procedure is limited to the provisions comprised in Chapter XXI-Summary Trials under Section 260 of the Code of Criminal Procedure, the provisions of Section 265 are not applicable to cases triable as warrant-cases and sessions trials. The case in hand was triable as warrant-case by Special Judge C.B.I.

5. In respect of language of record and the evidence pertaining to warrant-cases and the trials before Court of Sessions, Section 277 of the Code of Criminal Procedure provides:

277. Language of record of evidence.- In every case where evidence is taken down under Section 275 or Section 276,

(a) if the witness gives evidence in the language of the Court, it shall be taken down in that language;

(b) if he gives evidence in any other language, it may, if practicable, be taken down in that language, and if it is not practicable to do so, a true translation of the evidence in the language of the Court shall be prepared as the examination of the witness proceeds, signed by the Magistrate or presiding Judge, and shall form part of the record;

(c) where under Clause (b) evidence is taken down in a language other than the language of the Court, a true translation thereof in the language of the Court shall be prepared as soon as practicable, signed by the Magistrate or presiding Judge, and shall form part of the record:

Provided that when under Clause (b) evidence is taken down in English and a translation thereof in the language of the Court is not required by any of the parties, the Court may dispense with such translation.

6. From bare perusal of above provision, it is apparent that it requires the Court to record evidence in the language of the witness and if the witness gives evidence in any other language, it may, if practicable, be taken down in that language, and if it is not practicable to do so, a true translation of the evidence in the language of the Court shall be prepared. It has been further provided that if the evidence is taken down in English and the translation thereof in the language of the Court is not required by any of the parties, the Court may dispense with such translation.

7. As far as the language and contents of judgment are concerned, Section 354 of the Code of Criminal Procedure provides:

354. Language