Description

Section 138 of the Code of Civil Procedure (CPC) grants the High Court the authority to require that the evidence in civil cases be recorded in English, even if the prescribed language of the subordinate courts is a different language. This provision helps maintain uniformity and clarity, particularly in higher courts or when the case involves parties from different linguistic regions. It is aimed at ensuring that the recording of evidence is done in a language that is commonly understood by judges, lawyers, and parties involved, especially when the case is being appealed or reviewed by higher courts, where English might be the standard language of communication.

Key Provisions of Section 138:

1. Power of the High Court:

   • Section 138 empowers the High Court to direct that the evidence in a particular case be recorded in English, irrespective of the language used by the subordinate courts.
   • This provision applies in cases where the subordinate court may be using a vernacular language for recording proceedings, but the High Court finds it necessary to ensure the evidence is available in English for reasons of legal review, appeal, or other administrative considerations.

2. Context for Exercise of Power:

   • This section can be invoked when the High Court deems it necessary for the case at hand, particularly in situations where the case is of higher significance, involves multiple jurisdictions, or is likely to be appealed or reviewed by the High Court.
   • The decision to record evidence in English may be required to ensure the judgment and legal proceedings are accessible to all parties, especially when the case involves individuals or lawyers who may be more familiar with English or when legal precedence and court documentation are traditionally in English.

3. Evidence Recorded in English:

   • Evidence typically involves testimony, witness statements, and other documentary materials submitted during the trial. In some cases, when it is deemed appropriate, the evidence may need to be recorded in English to allow easier comprehension by the High Court or appellate courts.
   • This is particularly useful when the case will be subject to higher-level scrutiny where legal professionals are more accustomed to dealing with English records.

4. Prevention of Language Barriers:

   • The provision helps prevent language barriers from hindering the appeal or review process. For example, if the local court operates in a regional language, and the case is subsequently transferred to a High Court where English is the standard, the need for translation could lead to delays or errors in legal proceedings. By recording the evidence in English, this section facilitates smoother transitions through the judicial system.

5. Uniformity Across Jurisdictions:

   • Since English is widely used in the legal system, especially in higher courts, this section ensures that the evidence presented in a case is uniformly understood across various jurisdictions. It aims to bridge linguistic differences and promote fairness in legal proceedings, particularly in a country like India, where multiple languages are spoken across different states.

Punishment

Section 138 does not prescribe any punishment for non-compliance or violation, as it is primarily concerned with the administrative aspect of ensuring that evidence is recorded in the appropriate language for the purposes of review or appeal by the High Court. However, the following consequences may arise in specific cases:

1. Delay in Proceedings:

   • If evidence is not recorded in the required language as directed by the High Court, it could cause delays in the case, especially if there are issues with translation, leading to a longer time for the proceedings to be completed or reviewed by the appellate courts.

2. Misunderstanding of Evidence:

   • If the evidence is not recorded in English when it is required, it might result in the misinterpretation or inaccuracy of the case, which could affect the outcome of an appeal or higher court's review.

3. Obstruction in Appeal Process:

   • In cases where the evidence is needed to be in English for clarity or jurisdictional purposes, failure to follow Section 138 might obstruct the appeal process or any review by the High Court or other appellate authorities.