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Wednesday, 11 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XXV: Evidence In Inquiries And Trials

Section 316 BNSS: Record of examination of accused

Corresponding CrPC
Section 281 CrPC

Bare Act text

(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.

Text as enacted in the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023), in force from 1 July 2024. Source: India Code, Government of India.

In simple words

When the accused is examined by a Magistrate or Court of Session, the whole examination, including each question and answer, is recorded in full by the presiding Judge or Magistrate himself or, if unable, under his direction by an appointed officer. The section sets out further requirements for the record.

Chapter XXV: Evidence In Inquiries And Trials

  1. 307 Language of Courts
  2. 308 Evidence to be taken in presence of accused
  3. 309 Record in summons-cases and inquiries
  4. 310 Record in warrant-cases
  5. 311 Record in trial before Court of Session
  6. 312 Language of record of evidence
  7. 313 Procedure in regard to such evidence when completed
  8. 314 Interpretation of evidence to accused or his advocate
  9. 315 Remarks respecting demeanour of witness
  10. 316 Record of examination of accused
  11. 317 Interpreter to be bound to interpret truthfully
  12. 318 Record in High Court
  13. 319 When attendance of witness may be dispensed with and commission issued
  14. 320 Commission to whom to be issued
  15. 321 Execution of commissions
  16. 322 Parties may examine witnesses
  17. 323 Return of commission
  18. 324 Adjournment of proceeding
  19. 325 Execution of foreign commissions
  20. 326 Deposition of medical witness
  21. 327 Identification report of Magistrate
  22. 328 Evidence of officers of Mint
  23. 329 Reports of certain Government scientific experts
  24. 330 No formal proof of certain documents
  25. 331 Affidavit in proof of conduct of public servants
  26. 332 Evidence of formal character on affidavit
  27. 333 Authorities before whom affidavits may be sworn
  28. 334 Previous conviction or acquittal how proved
  29. 335 Record of evidence in absence of accused
  30. 336 Evidence of public servants, experts, police officers in certain cases