Section 281 CrPC: Record of examination of accused
Code of Criminal Procedure, 1973
Section 281 CrPC at a Glance
Section 281 CrPC deals with record of examination of accused. From 1 July 2024 it is replaced by Section 316 BNSS.
What Section 281 CrPC Says
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.
Source: Section 281, Code of Criminal Procedure, 1973
Section 281 CrPC in Simple Words
Section 281 of the Code of Criminal Procedure, 1973 speaks of the record of the examination of the accused. 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.
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. Section 281(3) CrPC, Section 281(4) CrPC and Section 281(5) CrPC deal with the language of the record, the showing or reading of the record to the accused, and its signing.
When Section 281 CrPC Applies
- 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.
- 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.
- 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 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.
- 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.
- 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.
Example of Section 281 CrPC
When Section 281 CrPC Does Not Apply
- Section 281 CrPC speaks of the examination of the accused. Under Section 281(6) CrPC it shall not be deemed to apply to the examination of an accused person in the course of a summary trial.
- Section 281 CrPC 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 277 CrPC.
Section 281 CrPC Under BNSS 316: What Changed
Section 281 CrPC is now covered under Section 316 BNSS.
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.
View detailed comparison (CrPC 281 vs BNSS 316) →FAQs on Section 281 CrPC
How is the examination of the accused recorded under Section 281(1) CrPC?▼
Whenever the accused is examined by a Metropolitan Magistrate, Section 281(1) CrPC says 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.
How is the examination recorded when the accused is examined by any other Magistrate or a Court of Session under Section 281 CrPC?▼
Section 281(2) CrPC says that 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. 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 281 CrPC?▼
Section 281(4) CrPC 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 281(5) CrPC says it shall thereafter be signed by the accused and by the Magistrate or presiding Judge.
Where is Section 281 CrPC found in the BNSS from 1 July 2024?▼
Section 281(1) CrPC has no counterpart in Section 316 BNSS. Section 281(2) CrPC is found in Section 316(1) BNSS, Section 281(3) CrPC in Section 316(2) BNSS, Section 281(4) CrPC in Section 316(3) BNSS, Section 281(5) CrPC in Section 316(4) BNSS and Section 281(6) CrPC in Section 316(5) BNSS. Section 316(4) BNSS also carries a proviso on the signature of an accused who is in custody and is examined through electronic communication, which Section 281(5) CrPC does not have.
Have questions about Section 281 CrPC?
Ask NyayGuru for a plain language explanation, or how it applies to your situation.
Ask NyayGuru →Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.
Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·