Section 316 BNSS: Record of examination of accused (Formerly Section 281 CrPC)

Section 316 of Bharatiya Nagarik Suraksha Sanhita, 2023: Record of examination of accused

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) Whenever the accused is examined by any Magistrate, or by a Court of Session, the whole of such examination, including every question put to him and every answer given by him, shall be recorded in full by the presiding Judge or Magistrate himself or where he is unable to do so owing to a physical or other incapacity, under his direction and superintendence by an officer of the Court appointed by him in this behalf.

(2) The record shall, if practicable, be in the language in which the accused is examined or, if that is not practicable, in the language of the Court.

(3) The record shall be shown or read to the accused, or, if he does not understand the language in which it is written, shall be interpreted to him in a language which he understands, and he shall be at liberty to explain or add to his answers.

(4) It shall thereafter be signed by the accused and by the Magistrate or presiding Judge, who shall certify under his own hand that the examination was taken in his presence and hearing and that the record contains a full and true account of the statement made by the accused:

Provided that where the accused is in custody and is examined through electronic communication, his signature shall be taken within seventy-two hours of such examination.

(5) Nothing in this section shall be deemed to apply to the examination of an accused person in the course of a summary trial.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 316

Section 316 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 281 of the CrPC, 1973) prescribes the statutory record and authentication format for the examination of an accused.

Summons vs. Warrant/Sessions Cases: In summons-cases, the Magistrate records a memorandum of substance; in warrant/Sessions cases, the entire examination including questions and answers must be recorded in full.
Reading Over & Accused's Explanation: The record must be shown or read to the accused, or interpreted if not understood, and the accused is permitted to explain or add to their answers.
Judicial Certificate: The presiding officer must certify under their hand that the examination was taken in their presence and hearing, and contains a full and true account of the accused's statement.

Key Landmark Precedents:

Basavaraj R. Patil v. State of Karnataka, (2000) 8 SCC 740: The Supreme Court held that the provisions of Section 281 CrPC (Section 316 BNSS) are designed to ensure that the examination of the accused is voluntary, uncoerced, and accurately recorded.
Tara Singh v. State, AIR 1951 SC 441: Established that a mechanical or composite questioning without explaining the incriminating nature of each circumstance violates Section 281 CrPC.

Courtroom Practice & Strategic Litigation Guidance:

Ensure that the Section 316 examination (read with Section 351 BNSS) is answered with precision; avoid generic denials and place exculpatory explanations on record with supporting documents.