CrPC 281→BNSS 316

CrPC 281 to BNSS 316: Record of examination of accused

Section 281 CrPC (1973) replaced by Section 316 BNSS (2023)

View CrPC Section 281 →View BNSS Section 316 →

CrPC 281 to BNSS 316 at a Glance

Section 281 CrPC (Record of examination of accused) is now Section 316 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 281 to BNSS 316?

From 1 July 2024, Section 316 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 281 of the Code of Criminal Procedure, 1973. The heading is the same. Section 316 BNSS has no counterpart to Section 281(1) CrPC, which read that whenever the accused is examined by a Metropolitan Magistrate, the Magistrate shall make a memorandum of the substance of the examination of the accused in the language of the Court. Section 316(1) BNSS reads any Magistrate, or by a Court of Session where Section 281(2) CrPC read any Magistrate other than a Metropolitan Magistrate, or by a Court of Session. Section 316(4) BNSS adds a proviso 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.

CrPC 281 vs BNSS 316: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section281316
HeadingRecord of examination of accusedSame
Sub-sections6 sub-sections5 sub-sections

CrPC 281 and BNSS 316: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 281, CrPC 1973

281. Record of examination of accused.—(1) Whenever the accused is examined by a Metropolitan Magistrate, the Magistrate shall make a memorandum of the substance of the examination of the accused in the language of the Court and such memorandum shall be signed by the Magistrate and shall form part of the record. (2) Whenever the accused is examined by any Magistrate other than a Metropolitan 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. (3) 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. (4) 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. (5) 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. (6) Nothing in this section shall be deemed to apply to the examination of an accused person in the course of a summary trial.
BNSS 2023 (in force)

Section 316, BNSS 2023

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.

When It Applies: CrPC 281 vs BNSS 316

Under CrPC 281
  1. Under Section 281(1) CrPC, whenever the accused is examined by a Metropolitan Magistrate, the Magistrate shall make a memorandum of the substance of the examination of the accused in the language of the Court. The Magistrate shall sign the memorandum, and it shall form part of the record.
  2. Under Section 281(2) CrPC, whenever the accused is examined by any Magistrate other than a Metropolitan 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.
  3. Where the presiding Judge or Magistrate is unable to record the examination owing to a physical or other incapacity, it is recorded under his direction and superintendence by an officer of the Court appointed by him in this behalf.
  4. Under Section 281(3) CrPC, 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.
  5. Under Section 281(4) CrPC, the record shall be shown or read to the accused, or, if the accused does not understand the language in which it is written, interpreted in a language which the accused understands. The accused shall be at liberty to explain or add to the answers of the accused.
  6. Under Section 281(5) CrPC, the record 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.
Under BNSS 316
  1. Under Section 316(1) BNSS, 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.
  2. Where the presiding Judge or Magistrate is unable to record the examination owing to a physical or other incapacity, it is recorded under his direction and superintendence by an officer of the Court appointed by him in this behalf.
  3. Under Section 316(2) BNSS, 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.
  4. Under Section 316(3) BNSS, the record shall be shown or read to the accused, or, if the accused does not understand the language in which it is written, interpreted in a language which the accused understands. The accused shall be at liberty to explain or add to the answers of the accused.
  5. Under Section 316(4) BNSS, the record 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.
  6. The proviso to Section 316(4) BNSS says that where the accused is in custody and is examined through electronic communication, the signature of the accused shall be taken within seventy-two hours of such examination.

Time Limits: CrPC 281 to BNSS 316

Under CrPC 281

Section 281 CrPC states no time limit.

Under BNSS 316
  • Where the accused is in custody and is examined through electronic communication, the signature of the accused shall be taken within seventy-two hours of such examination.Act text: “his signature shall be taken within seventy-two hours of such examination”

What CrPC 281 to BNSS 316 Means in Practice

Under the proviso to Section 316(4) BNSS, where the accused is in custody and is examined through electronic communication, his signature shall be taken within seventy-two hours of such examination. Section 281(5) CrPC has no such proviso.

FAQs: CrPC 281 to BNSS 316

Which BNSS section replaced Section 281 CrPC from 1 July 2024?▼

From 1 July 2024, Section 316 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 281 of the Code of Criminal Procedure, 1973. The heading is the same: record of examination of accused.

Does Section 316 BNSS have a counterpart to Section 281(1) CrPC?▼

No. Section 316 BNSS has no counterpart to Section 281(1) CrPC, which read that whenever the accused is examined by a Metropolitan Magistrate, the Magistrate shall make a memorandum of the substance of the examination of the accused in the language of the Court. Section 316(1) BNSS reads any Magistrate, or by a Court of Session where Section 281(2) CrPC read any Magistrate other than a Metropolitan Magistrate, or by a Court of Session.

What electronic communication provision does Section 316 BNSS add to Section 281 CrPC?▼

Section 316(4) BNSS adds a proviso 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. Section 281(5) CrPC has no counterpart to this proviso.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·