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ramesh (advocate)     02 October 2021

Evidence of a translator.

hello everybody.
I am contesting a motor accident claim case in which an accident took place in Karnataka. and claim is filed in rajasthan as claimant are resident of rajasthan.
All the documents of police chargesheet is in Kannad language, I took certified copies along with translation from Kannad to hindi.

I have a query that evidence of a translator is necessary to prove a
document. ? should I call a translator in evidence. or certified copies are sufficient.? and law regarding this point.

I will be very thankful if anybody helps me in this.


Learning

 4 Replies

Anusha Singh   02 October 2021

As per your query it is understood that you need information about certified copy of translated documents.

Only certified copy of translated document is enough to submit in court with the name and signature of the translator.

There are less documentation and sources known. A sworn-in Interpreter or Translator as per Maharashtra Courts Civil Law Chapter 26 of OATHS AND AFFIDAVITS prescribed under section 6 of the Oaths Act, 1969 (point 515) may with help of Form No.3 make an affidavit that he shall well and truly interpret pieces of evidence given by witnesses and translate correctly and accurately all documents given to him or her for translation.

According to Section 162 in The Indian Evidence Act, 1872

 Production of documents.

A witness summoned to produce a document shall, if it is in his possession or power, bring it to the Court, notwithstanding any objection which there may be to its production or to its admissibility. The validity of any such objection shall be decided on by the Court. The Court, if it sees, fit, may inspect the document, unless it refers to matters of State, or take other evidence to enable it to determine on its admissibility. Translation of documents. If for such a purpose it is necessary to cause any document to be translated, the Court may, if it thinks fit, direct the translator to keep the contents secret, unless the document is to be given in evidence: and, if the interpreter disobeys such direction, he shall be held to have committed an offence under section 166 of the Indian Penal Code (45 of 1860).

Hope it helps!

 

Regards,

Anusha Singh

 

M V Gupta (Advocate)     02 October 2021

You may have to summon the translator if the opposite party disputes the correctness of the translation or the court wants the translator to be produced to prove the correctness of the translation produced.

2 Like

Dr J C Vashista (Advocate)     03 October 2021

Summon the translator to prove authenticity and correctness of translated copy.

minakshi bindhani   05 October 2021

As per your query concerned!

Translation of documents.

If for such a purpose it is necessary to cause any document to be translated, the Court may, if it thinks fit, direct the translator to keep the contents secret, unless the document is to be given in evidence: and, if the interpreter disobeys such direction, he shall be held to have committed an offence under section 166 of the Indian Penal Code, 1860

Hope it is understandable!
Regards
Minakshi Bindhani

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