Legal Translation is Mandatory by Law!

Legal Translation is indispensable. Among others, translation is mandatory by law in below five (5) circumstances. Translators are plenty but challenges of legal translations can only be met by qualified language resources with expertise in legal documentation and qualifications in law.

1.?The Companies Act 2013

• DIN: As per provisions of the Companies Act, 2013: No person shall continue or be appointed as director without obtaining Director Identification Number (DIN). As per section 163 of the Companies Act, 2013 - Any person intending to become a director in an existing company shall have to make an application in e-Form DIR-3. In the supporting documents and in cases of proofs which are in languages other than HINDI / ENGLISH, the proofs should be translated in HINDI / ENGLISH from "Professional Translator" carrying his details (name, signature, address) and seal. In the case of foreign nationals, translation done by the notary of home country is also acceptable. Section 380 of the Act lays down that every foreign company which establishes a place of business in India must, within 30 days of the establishment of such place of business, file with the Registrar of Companies for registration, a certified copy of the charter, statutes or memorandum and articles, of the company or other instrument constituting or defining the constitution of the company and, if the instrument is not in the English language, a CERTIFIED TRANSLATION thereof in the English language.
• NCLT: Part III of the National Company Law Tribunal Rules, 2016 deals with the Institution of proceedings, petition, appeals etc. before NCLT. Every appeal or petition or application or caveat petition or objection or counter presented to the Tribunal shall be in English and in case it is in some other Indian language, it shall be accompanied by a copy translated in ENGLISH and shall be fairly and legibly type written, lithographed or printed in double spacing on one side of standard petition paper with an inner margin of about four cm width on top and with a right margin of 2.5. cm, and left margin of 5 cm, duly paginated, indexed and stitched together in paper book form. A document other than English language intended to be used in any proceeding before the Tribunal shall be received by the Registry accompanied by a copy in ENGLISH, which is agreed to by both the parties or certified to be a true TRANSLATED COPY by authorized representative engaged on behalf of parties in the case “or?if the authorized representative engaged in the case authenticates such certificate or prepared by a TRANSLATOR approved for the purpose by the Registrar on payment of such charges as he may order”. Appeal or petition or other proceeding shall not be set down for hearing until and unless all parties confirm that all the documents filed on which they intend to rely are in English or have been translated into English and required numbers of copies are filed into Tribunal. Standard guidelines for presenting an application or petition before NCLT prescribed in National Company Law Tribunal Rules, 2016 and Companies (Compromises, Arrangements and Amalgamations) Rules, 2016 provides that document other than in English language shall be duly translated and accordingly a translated copy duly certified shall be attached with petition/application.

2. ARBITRATION:

Section 22(1) of the Arbitration and Conciliation Act, 1996 provides that the parties are free to agree upon the language or languages to be used in the arbitral proceedings and under sub-section (2) if they fail to reach an agreement, the arbitral tribunal shall determine the language or languages to be used in the arbitral proceedings. Sub-section (3) states that the agreement or determination, unless otherwise specified shall apply to any written statement by a party, any hearing and any arbitral award, decision or other communication by the arbitral tribunal. As per sub-section (4) the arbitral tribunal may order that any documentary evidence shall be accompanied by a translation into the language or languages agreed upon by the parties or determined by the arbitral tribunal. Section 47 (2) of the Arbitration and Conciliation Act, 1996 states that if the award or agreement to be produced under sub-section (1) is in a foreign language, the party seeking to enforce the award shall produce a Translation into English certified as correct by a diplomatic or consular agent of the country to which that party belongs or certified as correct in such other manner as may be sufficient according to the law in force in India.?

3. COPYRIGHT

The Copyright Rules, 2013, inter alia, provide for procedure for relinquishment of Copyright; grant of compulsory licences in the matter of work withheld from public; to publish or republish works (in certain circumstances); to produce and publish a Translation of a literary or dramatic work in any language; licence for benefit of disabled; grant statutory license for cover versions; grant of statutory licence for broadcasting literary and musical works and sound recordings; registration of copyright societies and copyright registration. ?Copyright protects the rights of authors, i.e., creators of intellectual property in the form of literary, musical, dramatic and artistic works and cinematograph films and sound recordings. Authors have right to make any Translation of the work. Copyright Board may grant compulsory licence to produce and publish a Translation of a literary or dramatic work in any language after a period of seven years from the first publication of the work. The rights granted under Section 14 of the Act relate to reproduction, publication, performance, production, Translation, making film or sound recording, selling or giving on hire film or sound recording, communicate film or sound recording to public and to make adaptation of the copyright work.

4. THE INDIAN PENAL CODE, 1860

• Section 167 relates to public servant framing an incorrect document with intent to cause injury.—Whoever, being a public servant, and being, as [such public servant, charged with the preparation or Translation of any document or electronic record, frames, prepares or Translates that document or electronic record] in a manner which he knows or believes to be incorrect, intending thereby to cause or knowing it to be likely that he may thereby cause injury to any person, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
• Section 191 relates to giving false evidence: - If any interpreter or Translator, gives or certifies as a true interpretation or Translation of a statement or document which he is bound by oath to interpret or translate truly, that which is not and which he does not believe to be a true interpretation or translation then I shall be considered as false evidence.

5. THE CODE OF CRIMINAL PROCEDURE, 1973

• Section 277 relates to language of record of evidence. If witness gives evidence in any other language, other than the language of the court, then it shall be taken down in that language if practicable and if not then True Translation thereof in the language of court shall be prepared and shall be signed by the Magistrate of presiding Judge.
• Section 363 relates to copy of judgment to be given to accused and also provides for Translation in the language of accused if practicable or in the language of the court, without delay.

Machine translations (MT) and advancing technologies offer quick results which are disastrous. Here comes the role of LEGAL TRANSLATOR. Translations can be done by anybody but there is a huge difference between translator and LEGAL TRANSLATOR. We at Galaxy4u offer Legal Translations, Certified Translations, Sworn Translations in all Indian and Foreign Languages with sense of urgency. Do contact if you are looking for LEGAL TRANSLATIONS.

~ Avinash Murkute | Founder | Galaxy4u | Pune | Maharashtra | India

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