Chargesheet in unfamiliar language not illegal, translation can be given: Supreme Court

Chargesheet in unfamiliar language not illegal, translation can be given: Supreme Court

Supreme Court of India has upheld the legality of filing charge sheets in languages other than the court's language. The decision came in response to an appeal by the Central Bureau of Investigation (CBI) against a Madhya Pradesh High Court ruling. The high court had stated that an accused could demand a translation of the charge sheet into the court's language, Hindi, if it was filed in a different language, in this case, English.

The Supreme Court bench, comprising Justices Abhay S Oka and Rajesh Bindal, underscored that the Criminal Procedure Code (CrPC) doesn't explicitly mandate filing charge sheets in the court's language. Section 272 of the CrPC determines the court's language. The absence of such a requirement in the CrPC for charge sheets was highlighted by the bench.

Furthermore, the court highlighted that even if there were a provision for the charge sheet's language in Section 173 of the CrPC, non-compliance wouldn't invalidate proceedings. The "failure of justice" test in Section 465 of the CrPC would be applicable.

The focus of the court's observations was on the accused's rights. The court stressed the accused's need to understand the charge sheet and have a fair chance to defend themselves. If the accused, represented by a lawyer well-versed in the charge sheet's language, can't understand it, providing a translation becomes crucial for a just trial.

The verdict also considered the role of central investigative agencies like the CBI and the National Investigation Agency, handling cases of national importance across states. It's impractical to file charge sheets in each state's language, as per Section 272 of the CrPC.

The court concluded that not providing a translated charge sheet to the accused wouldn't lead to a miscarriage of justice. The essence of Article 21 of the Indian Constitution, safeguarding the right to life and personal liberty, lies in ensuring the accused understands the charges. The ruling underscores the evolving role of technology in providing accessible translations and balances the practicalities of multi-state cases with ensuring fair trials.

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