Introduction
Section 316 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the recording of the examination of the accused by the Court.
It lays down the manner in which the answers given by the accused during examination are to be recorded and authenticated.
Statutory Basis
Section 316 provides that whenever the accused is examined by any Metropolitan Magistrate or Magistrate, or by a Court of Session, the whole of such examination, including every question put to the accused and every answer given by the accused, shall be recorded in full.
The examination is recorded in the language of the Court or in the language in which the examination is conducted.
Recording of the Examination
The provision requires the Court to record the examination of the accused in full.
Unlike a mere summary or memorandum, the record must contain:
- the questions put to the accused; and
- the answers given by the accused.
This ensures that the accused’s responses are accurately preserved in the judicial record.
Signature of the Magistrate or Judge
After the examination has been completed, the record must be shown or read over to the accused.
The accused is given an opportunity to verify the correctness of the record.
The record is then signed by the Magistrate or Judge.
The signature authenticates the record of the examination.
Recording in the Language of the Court
The examination is recorded in the language of the Court, or in the language in which the examination is conducted, as provided by the section.
Where necessary, interpretation is provided so that the accused understands the questions and answers forming part of the examination.
Purpose of Section 316
The provision serves several important purposes:
- preserves the exact questions put to the accused;
- preserves the answers given by the accused;
- ensures accuracy in the judicial record;
- protects the accused against incorrect recording of their answers;
- assists the Court in properly appreciating the accused’s explanation; and
- provides a reliable record for appellate or revisional proceedings.
Examination of Accused and Fair Trial
The examination of the accused is an important part of criminal proceedings.
The accused may be given an opportunity to explain circumstances appearing in the evidence against them.
Section 316 ensures that the responses given during such examination are properly recorded and preserved.
Important Distinction
Evidence of Witness vs Examination of Accused
The evidence of witnesses is recorded as part of the evidentiary proceedings.
The examination of the accused is different. It provides the accused an opportunity to respond to circumstances appearing against them.
Section 316 specifically regulates the recording of this examination.
Example
Suppose a Sessions Court examines an accused regarding circumstances appearing from the prosecution evidence.
The Judge asks questions and the accused gives answers.
Under Section 316, the questions and answers forming the examination are recorded in full. The record is then dealt with according to the prescribed procedure and authenticated by the Judge.
Importance of the Record
The recorded examination may become relevant when:
- the trial Court considers the accused’s explanation;
- an appellate Court examines the proceedings;
- the correctness of the recorded answers is questioned; or
- the Court evaluates the circumstances appearing against the accused.
Maintaining an accurate record is therefore essential.
BNSS and CrPC
Section 316 BNSS corresponds to Section 281 of the Code of Criminal Procedure, 1973.
The basic principle has been substantially retained: the examination of the accused is recorded in full, including the questions put and answers given, with the record being authenticated by the Magistrate or Judge.
Important Points
- Section 316: Record of examination of accused.
- It applies when the accused is examined by a Magistrate or Court of Session.
- The examination is recorded in full.
- The questions and answers are recorded.
- The accused is given an opportunity to verify the record.
- The record is authenticated by the Magistrate or Judge.
- The provision ensures an accurate record of the accused’s examination.
- Section 316 corresponds to Section 281 CrPC.
Quick Revision
- Section: 316, BNSS, 2023
- Subject: Record of examination of accused
- Authority: Magistrate or Court of Session
- What is recorded: Entire examination
- Includes: Every question and every answer
- Purpose: Accurate and authenticated judicial record
- Authentication: Magistrate or Judge
- Corresponding CrPC provision: Section 281
ALSO READ: Section 315 – Remarks respecting demeanour of witness
Conclusion
Section 316 BNSS ensures that the examination of an accused by a Magistrate or Court of Session is properly and completely recorded. By preserving the questions and answers and requiring authentication of the record, the provision protects the accuracy of the proceedings and provides a reliable record for the Court and any subsequent appellate or revisional proceedings.
