361. Interpretation of evidence to accused or his pleader.__ (1) Whenever any evidence is
given in a language not understood by the accused, and he is present in person, it shall be
interpreted to him in open Court in a language understood by him.
(2) 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.
(3) When documents are put in for the purpose of formal proof, it shall be in the discretion of
the Court to interpret as much thereof as appears necessary.
362. [Record of evidence in Presidency Magistrate's Court.] Omitted by A.O., 1949, Sch.
363. Remarks respecting demeanour of witness. When a Sessions 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.
364. Examination of accused how recorded.__(1) Whenever the accused is examined by any
Magistrate, or by any Court other than a High Court 1* * * , 2* * * ,3* * *, the whole of such
examination, including every question put to him and every answer given by him, shall be recorded
in full, in the language in which he is examined, or, if that is not practicable, in the language of the
Court or in English: and such record shall be shown or read to him, or, if he does not understand
the language in which it is written, shall be interpreted to him in a language which he understands,
and he shall be at liberty to explain or add to his answers.
(2) When the whole is made conformable to what he declares is the truth, the record shall be
signed by the accused and the Magistrate or Judge of such Court, and such Magistrate or Judge
shall certify under his own hand that the examination was taken in his presence and hearing and
that the record contains a full and true account of the statement made by the accused.
(3) In cases in which the examination of the accused is not recorded by the Magistrate or Judge
himself, he shall be bound, 4* * *as the examination proceeds, to make a memorandum thereof in
the language of the Court, or in English, if he is sufficiently acquainted with the latter language; and
such memorandum shall be written and signed by the Magistrate or Judge with his own hand, and
shall be annexed to the record. If the Magistrate or Judge is unable to make a memorandum as
above required, he shall record the reason of such inability.
1 The words “within the meaning of the Government of India Act, 1935”, which were subs. by A.O., 1949, Sch., for “established by Royal Charter [or the Chief Court of Oudh]” omitted by A.O.,
1961, Art. 2 and Sch., (with effect from the 23rd March, 1956), The words in crotchets were ins. by the Oudh Courts (Supplementary) Act, 1925 (32 of 1925), s.2 and Sch.
2 The words “or the Chief Court of the Punjab” rep. by the Repealing and Amending Act, 1919 (18 of 1919).
3 The word “or the Chief Court of Lower Burma” rep. by the Repealing and Amending Act, 1923 (11 of 1923), s.3 & sch.II.
4 The words “unless he is a Presidency Magistrate” rep. by the code of Criminal Procedure (Second Amdt.) Act 1923 (37 of 1923), s.2.
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