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Interpretation of Evidence to Accused or his Pleader

Interpretation of Evidence

Introduction of Interpretation of Evidence

Interpretation of evidence means evidence records in various and different languages, in which the accused and his pleader are able to understand it. Evidence is interpreted in different languages. Whenever any evidence is given in a language not understood by the accused and he is present in the Court in person, it shall be interpreted to him in open Court in the language understood by him. Interpretation of evidence is given in Section 3 of the Indian Evidence Act.

Section 3 of Indian Evidence Act

                               Section 3 of the Indian Evidence Act

Explanation

If he appears by pleader and the evidence is given in a language other than the language of the Court, and not understood by the pleader, it shall be interpreted to such pleader in that language.

When documents are put for the purpose of formal proof, it shall be in the discretion of the Court to interpret as such thereof as appears necessary.

Explain by the Conditions

Where a commission for the examination of a witness is to be executed in a foreign country, facility of the lawyer, etc. to accused be disallowed. When it is passing an order for examination of witnesses on commission when it is satisfied with the necessity of such evidence and also about the effective enforceability or commission for examination of witnesses. Where it was found that reciprocal agreement with the foreign country did not in fact exist, the Court refused to extend the time. The omission to record remarks respecting the demeanor of the witness as provided in Section 280 the trial Judge either during or at the close of the examination of the witness does not mean that the recording of the remarks about the demeanor by him later in the to be Judgement is not to be taken into consideration. The remarks made in the judgment are not to be taken into consideration. The remarks made in the judgment will be given due weight by the Appellate Court in the appraisal of the witness. If the essential prerequisite for the validity of the issuing of a commission has not complied with the evidence so taken would be improper and could not be used against the accused. This is a defect that goes to the root of the matter and is vital in content. Thus entire proceedings are vitiated and the evidence of the witnesses taken on the commission has to be completely eschewed from the record. Where a prosecution witness is to be examined on commission in a foreign Court, the Court would provide the same facilities to the accused, viz., employment of lawyer expenses, etc.

Section 3 in The Indian Evidence Act, 1872

Interpretation clause. —In this Act, the following words and expressions are used in the following senses, unless a contrary intention appears from the context:— “Court”. —“Court” includes all Judges 1 and Magistrates, 2 and all persons, except arbitrators, legally authorized to take evidence. “Fact”.

Interpretation of evidence is a very important topic in solving the case and Interpretation of evidence is necessary because everyone can not understand the same language.

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