BNSS 316 — Record of examination of accused.

Bharatiya Nagarik Suraksha Sanhita, 2023

Statutory 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.

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