Bharatiya Nagarik Suraksha Sanhita, 2023
Section 315
Remarks respecting demeanour of witness
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.
Why this exists
A witness's tone, hesitation, or body language, known as demeanour, can affect how believable their testimony seems. This provision, from Section 280 of the old CrPC, lets the judge preserve those firsthand impressions in writing, since a higher court reading only the typed transcript later cannot see or hear the witness in person.
Common misconceptions
- Myth: A judge's demeanour notes are hard, objective proof of lying or truth-telling.
Fact: These notes are the judge's personal observations, useful for weighing credibility, but they are not conclusive proof by themselves.