Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XXV: Evidence in Inquiries and Trials · A.—Mode of taking and recording evidence
Section 316: Record of examination of accused
In plain words
When a Magistrate or Court of Session examines the accused, every question and answer is recorded in full by the Judge or Magistrate, or by an appointed officer if they are incapacitated, in the language of the examination if practicable.
- The record is read or interpreted to the accused, who can explain or add to their answers.
- It is then signed by the accused and the Judge or Magistrate, who certifies it is full and true. If the accused in custody was examined electronically, their signature must be taken within seventy-two hours.
- This does not apply to summary trials.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official 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.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 12 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 316
No Supreme Court judgment in our database cites this section yet.