Section 316 BNSS: Record of examination of accused

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 316 BNSS at a Glance

Section 316 BNSS deals with record of examination of accused. It replaced Section 281 CrPC on 1 July 2024.

Was CrPC

Section 281 →

Section 316 BNSS 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.

Source: Section 316, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 316 BNSS in Simple Words

Section 316 of the Bharatiya Nagarik Suraksha Sanhita, 2023 speaks of the record of the examination of the accused. 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.

Section 316(2) BNSS, Section 316(3) BNSS and Section 316(4) BNSS deal with the language of the record, the showing or reading of the record to the accused, and its signing. A proviso to Section 316(4) BNSS deals with the signature of an accused who is in custody and is examined through electronic communication.

When Section 316 BNSS Applies

  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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 Under Section 316 BNSS

  • 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”

Example of Section 316 BNSS

Arjun is in custody and is examined as the accused through electronic communication. Under the proviso to Section 316(4) BNSS, the signature of Arjun shall be taken within seventy-two hours of such examination.

When Section 316 BNSS Does Not Apply

  • Section 316 BNSS speaks of the examination of the accused. Under Section 316(5) BNSS it shall not be deemed to apply to the examination of an accused person in the course of a summary trial.
  • Section 316 BNSS speaks of the record of the examination of the accused. It does not deal with the language of the record of the evidence of a witness, which is the subject of Section 312 BNSS.

Section 316 BNSS in the CrPC (Previous Law)

Section 316 BNSS 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. 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.

Each sub-section below names its own source.

FAQs on Section 316 BNSS

How is the examination of the accused recorded under Section 316(1) BNSS?▼

Section 316(1) BNSS says that 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. Where the presiding Judge or Magistrate is unable to do so 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.

What shall be done with the record of the examination under Section 316 BNSS?▼

Section 316(3) BNSS says the record shall be shown or read to the accused, or, if the accused does not understand the language in which it is written, shall be interpreted in a language which the accused understands, and the accused shall be at liberty to explain or add to the answers. Section 316(4) BNSS says it shall thereafter be signed by the accused and by the Magistrate or presiding Judge.

What does the proviso to Section 316(4) BNSS say about electronic communication?▼

The proviso to Section 316(4) BNSS reads: where the accused is in custody and is examined through electronic communication, his signature shall be taken within seventy-two hours of such examination.

What changed from Section 281 CrPC to Section 316 BNSS 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. 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 on the signature of an accused who is in custody and is examined through electronic communication. Section 281(2) CrPC, Section 281(3) CrPC, Section 281(4) CrPC, Section 281(5) CrPC and Section 281(6) CrPC are found in Section 316(1) BNSS, Section 316(2) BNSS, Section 316(3) BNSS, Section 316(4) BNSS and Section 316(5) BNSS in that order.

Section 316 BNSS: Sub-sections Explained

Section 316(1) BNSS: Record of examination of accused

▶

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.

Previous Law

CrPC 281 → Section 316(1) BNSS

Section 316(2) BNSS: Record of examination of accused

▶

Bare Act Text

(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.

Previous Law

CrPC 281(3) → Section 316(2) BNSS

Section 316(3) BNSS: Record of examination of accused

▶

Bare Act Text

(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.

Previous Law

CrPC 281(4) → Section 316(3) BNSS

Section 316(4) BNSS: Record of examination of accused

▶

Bare Act Text

(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.

Previous Law

CrPC 281(5) → Section 316(4) BNSS

Section 316(5) BNSS: Record of examination of accused

▶

Bare Act Text

(5) Nothing in this section shall be deemed to apply to the examination of an accused person in the course of a summary trial.

Previous Law

CrPC 281(6) → Section 316(5) BNSS

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·