Wednesday, July 9, 2025
HomeThe Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023Section 316.   Record of examination of accused.

Section 316.   Record of examination of accused.

(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.

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