Be Cautious While Translating Statutes, Lower Courts Told

Published: 14th September 2014 06:24 AM  |   Last Updated: 14th September 2014 06:24 AM   |  A+A-

BANGALORE: The High Court has asked the lower judiciary to be cautious while interpreting and translating statutes from English to Kannada as there is no official translation available.

Justice Anand Byrareddy was hearing an appeal filed by M/S Alhind Tours and Travels against the order of the magistrate on dismissing a complaint and acquitting the accused company Taha International.

The magistrate court had passed the order in Kannada. Provisions of the Negotiable Instruments (NI) Act, 1881, the Criminal Procedure Code (CrPC) were translated to Kannada. The court found that the translation also reflected the personal views of the judge at some point.

Hence, Justice Byrareddy observed that caution would have to be exercised while  interpreting the provisions of law or in addressing the nuances of the involved principles of law and pronouncing the same in Kannada, which may not be accurately reflected.

He observed that the court was fully conscious of the need to employ Kannada at all levels. The trial court may keep in view that there is no official translation in Kannada of the Negotiable Instruments Act, 1881, CrPC, 1973 or any other Central Act, let alone the oceanic body of case law. “The higher courts may not be able to appreciate the correctness or otherwise of the views and opinions so expressed, which incidentally would be a seminal and personal view of the trial court judge, in Kannada, especially if the judges of the higher court are not as well versed as the trial court judge in the nascent and laboured legalese, in Kannada,” he added.

Stay up to date on all the latest Bengaluru news with The New Indian Express App. Download now
(Get the news that matters from New Indian Express on WhatsApp. Click this link and hit 'Click to Subscribe'. Follow the instructions after that.)

Comments

Disclaimer : We respect your thoughts and views! But we need to be judicious while moderating your comments. All the comments will be moderated by the newindianexpress.com editorial. Abstain from posting comments that are obscene, defamatory or inflammatory, and do not indulge in personal attacks. Try to avoid outside hyperlinks inside the comment. Help us delete comments that do not follow these guidelines.

The views expressed in comments published on newindianexpress.com are those of the comment writers alone. They do not represent the views or opinions of newindianexpress.com or its staff, nor do they represent the views or opinions of The New Indian Express Group, or any entity of, or affiliated with, The New Indian Express Group. newindianexpress.com reserves the right to take any or all comments down at any time.

flipboard facebook twitter whatsapp