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Code of Criminal Procedure, 1973

Section 281

Record of examination of accused

Quick Answer Reference: Section 281 CrPC

  • Provision: Section 281 of CrPC
  • Act: Code of Criminal Procedure, 1973
  • Classification: criminal procedure
  • Jurisdiction: India
Statutory Content

What does Section 281 of CrPC say?

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

Indian StandardSection 281, Code of Criminal Procedure, 1973
Bluebook (21st ed.)Code of Criminal Procedure, 1973, § 281 (India)
Court Pleading StandardSection 281 of the Code of Criminal Procedure, 1973
Canonical Web linkhttps://nyaya.cloud/acts/code-of-criminal-procedure-1973/281

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
People Also Ask (PAA)

Common Questions about Section 281 CrPC

What is Section 281 of CrPC?

Section 281 of the Code of Criminal Procedure, 1973 (CrPC) defines and regulates "Record of examination of accused". The section states: 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 Cour...

What is the punishment under Section 281 of CrPC?

Section 281 of CrPC does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 281 of CrPC bailable or non-bailable?

Whether Section 281 of CrPC is bailable or non-bailable depends on the schedule classification.

Landmark Case Laws

Landmark Judgments under Section 281 CrPC

1978 1 SCC 248

Supreme Court of India

2014 8 SCC 273

Supreme Court of India

Patnahcucisdb94 High Court (10 8)

Patnahcucisdb94 High Court (10 8)

Patnahcucisdb94 High Court (10 8)