“Charge Sheet in Language Other Than Court’s Not Illegal”: Supreme Court Sets Aside High Court Orders in VYAPAM Scam Cases
New Delhi, August 25, 2023 – In a landmark decision, the Supreme Court of India has set aside High Court orders that mandated the translation of charge sheets into the language of the Court. The apex court clarified that a charge sheet filed in a language other than the Court’s language is “not illegal.”
The bench, comprising Justices Abhay S. Oka and Rajesh Bindal, stated, “Absence of specific provision in CrPC requiring charge sheet to be in language of Court; proceedings not vitiated even if such requirement is read into Section 173.” [Para 18]
The case revolved around the language of charge sheets filed by the Central Bureau of Investigation (CBI) in relation to offences arising out of the VYAPAM Scam in Madhya Pradesh. The respondents had argued that they were entitled to charge sheets in Hindi, the language of the Court as determined by Section 272 of the Code of Criminal Procedure (CrPC).
The Supreme Court observed that the CrPC does not specifically require charge sheets to be in the language of the Court. “There is no such requirement laid down in respect of the report/charge sheet under Section 173 of CrPC,” the bench noted. [Para 15]
The Court also emphasized that errors, omissions, or irregularities do not automatically vitiate proceedings unless they result in a failure of justice. “The test of failure of justice will have to be applied in such a case as laid down in Section 465 of CrPC,” the judgment read. [Para 17]
The Court further noted that with the availability of various software and Artificial Intelligence tools for making translations, providing translations will not be difficult. However, it added that “no one can claim a default bail” on the ground that the charge sheet is in a language other than the Court’s. [Para 19]
Supreme Court found that the respondents were educated and understood English. “Hence, in the facts of the cases in hand, it cannot be said that a non-supply of translation of the charge sheet and other documents to the accused in both appeals will occasion a failure of justice,” the judgment concluded. [Para 22]
The Supreme Court’s decision is expected to have wide-ranging implications, especially for central agencies like the National Investigation Agency and the Central Bureau of Investigation, which often deal with cases having wide ramifications.
Date of Decision: August 25, 2023
Central Bureau of Investigation vs Narottam Dhakad & Anr
