Punishment & Penalties: Section 316 BNSS
Re: Record of examination of accused
Statutory Wording
Up to 3 years OR Fine OR Both (basic); up to 7 years for aggravated
Procedural Classification
Bail EligibilityBailable (Bail as of right)
CognizabilityCognizable (Arrest without warrant)
Trial JurisdictionFirst Class Magistrate
Limitation Period3 years
Practical Legal Considerations
- Mitigating Factors: Indian courts regularly consider the age of the offender, criminal history, and motive as mitigating factors to reduce punishments under this section.
- Compounding Offences: Check if this offence is compoundable (settlable) under Section 320 CrPC to avoid trial sentences.
- Probation: First-time offenders under non-serious categories may qualify for probation instead of actual imprisonment under the Probation of Offenders Act.