(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.
Bharatiya Nagarik Suraksha Sanhita
Section 316
Record of examination of accused
⚡ Quick Answer Reference: Section 316 BNSS
- Provision: Section 316 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: has been commenced under this Sanhita.
- Jurisdiction: India
- Summary: This section requires that when an accused is questioned by a Magistrate or Court, the entire conversation must be recorded, including all questions and answers, and the record must be shown to the accused for verification and signature.
What does Section 316 of BNSS say?
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What does Section 316 of BNSS mean?
Plain English Explanation
This section requires that when an accused is questioned by a Magistrate or Court, the entire conversation must be recorded, including all questions and answers, and the record must be shown to the accused for verification and signature.
Practical Interpretation
In practice, this means that the Magistrate or Judge must ensure that a complete and accurate record of the examination is made, either by themselves or under their supervision, and that the accused has the opportunity to review and correct the record.
Core Legal Purpose
The purpose of this provision is to ensure the accuracy and reliability of the record of the accused's examination, and to protect the rights of the accused by giving them the opportunity to verify and correct the record.
- •The examination of the accused must be recorded in full by the presiding Judge or Magistrate, or under their direction and superintendence.
- •The record must be in the language of the examination, or if not practicable, in the language of the Court.
- •The record must be shown or read to the accused, and interpreted if necessary, to ensure they understand the contents.
- •The accused must be given the opportunity to explain or add to their answers, and the record must be signed by the accused and the Magistrate or Judge.
Practical Example of Section 316 BNSS
For example, if Rajesh is accused of a crime and is being questioned by a Magistrate, the entire conversation must be recorded. After the examination, the record must be shown to Rajesh, and he must be given the opportunity to verify and sign the record. If Rajesh does not understand the language of the record, it must be interpreted for him. This ensures that the record is accurate and reliable, and that Rajesh's rights are protected.
Frequently Asked Questions about Section 316 BNSS
Q: What is the punishment or consequence under Section 316 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to the examination of an accused person by a Magistrate or Court, and is not directly applicable to private individuals or public entities.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not create an offence, therefore it is not classified as bailable or cognizable.
Common Questions about Section 316 BNSS
What is Section 316 of BNSS?
Section 316 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Record of examination of accused". In plain terms: This section requires that when an accused is questioned by a Magistrate or Court, the entire conversation must be recorded, including all questions and answers, and the record must be shown to the accused for verification and signature.
What is the punishment under Section 316 of BNSS?
Section 316 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 316 of BNSS bailable or non-bailable?
Whether Section 316 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 316 of BNSS?
The essential elements of Section 316 of BNSS are: The examination of the accused must be recorded in full by the presiding Judge or Magistrate, or under their direction and superintendence.; The record must be in the language of the examination, or if not practicable, in the language of the Court.; The record must be shown or read to the accused, and interpreted if necessary, to ensure they understand the contents..
Landmark Judgments under Section 316 BNSS
Sections commonly cited alongside Section 316
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