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BNSS · Section 316 · Chapter XXV — EVIDENCE IN INQUIRIES AND TRIALS

Record of examination of accused.

What this section does

When an accused is examined by a Magistrate or Court of Session, the entire examination including every question and answer must be recorded in full by the presiding Judge or Magistrate personally, or under his direction by an appointed Court officer if he is physically or otherwise incapacitated. The record must be shown or read to the accused, interpreted if necessary, and the accused is at liberty to explain or add to his answers; it must then be signed by both the accused and the Magistrate or presiding Judge who certifies it as a full and true account. Where the accused is in custody and examined through electronic communication, his signature must be obtained within seventy-two hours; this section does not apply to summary trials.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Procedure at a glance

Key actors
Magistrate · Presiding Judge · Accused · Court officer
Time limit
72 hours for obtaining accused's signature where examination is conducted through electronic communication while accused is in custody
Old-law correspondence

Derived from CrPC s.281.

Read the official text

For the binding statutory text of BNSS Section 316, refer to the Gazette of India or the India Code official website.

Why this matters

BNSS Section 316 forms part of Bharatiya Nagarik Suraksha Sanhita which replaced the Code of Criminal Procedure 1973 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.