Chalam Sheikh vs State Of Kerala on 26 May, 2020
36. It is ideal and proper and always desirable to prepare
the questions to be put to the accused in a language in which the
accused is well versed. However, as in the present case, when
the accused is a person who hails from another part of the
country, it may not be possible to prepare the questions in the
language which he knows. In such cases, the questions have to
be prepared in Malayalam or English and an interpreter or
translator has to be appointed by the court to interpret or
translate the questions put to the accused and the answers given
by him. What is essential is that the accused shall clearly
understand the questions put to him so that he could give proper
answers. It is also necessary that the record shall clearly indicate
the procedure adopted by the court. As held in Dasan (supra),
the Magistrate or the Judge shall certify at the bottom of the
record of examination that the questions were translated or
interpreted and explained to the accused in the language of the
Crl.A.No.122/2019
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accused. It would also be ideal and desirable that the interpreter
or translator shall, instead of simply putting his signature in the
record of examination of the accused, make an endorsement
that he has truly and correctly interpreted or translated the
questions and the answers.