Section 316 BNSS: Record of Examination of Accused

Section 316 of the Bharatiya Nagarik Suraksha Sanhita, 2023 lays down how the examination of an accused must be recorded when the accused is examined by a Magistrate or by a Court of Session. It deals with the person responsible for recording the examination, the language of the record, reading or interpreting it to the accused, signatures, certification by the Court, and the special rule for an accused in custody examined through electronic communication.

Section 316 of the Bharatiya Nagarik Suraksha Sanhita, 2023

316. Record of examination of accused.

(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.

Meaning and purpose of Section 316 BNSS

The provision is intended to create a complete and reliable judicial record of the accused's examination. The requirement that every question and every answer be recorded in full helps preserve the exact substance of the examination and reduces uncertainty about what was asked and how the accused responded.

The section also protects comprehension and accuracy. The accused must be able to know what has been recorded, either by reading it, having it read aloud, or having it interpreted in a language understood by the accused. The accused may then explain or add to the answers before the record is signed.

Key requirements under Section 316

Requirement	What Section 316 provides
Who records the examination	The presiding Judge or Magistrate must ordinarily record it personally. If unable because of physical or other incapacity, an appointed Court officer may record it under the Judge's or Magistrate's direction and superintendence.
Extent of record	The whole examination must be recorded in full, including every question and every answer.
Language	If practicable, the record should be in the language in which the accused is examined; otherwise, it may be in the language of the Court.
Reading or interpretation	The record must be shown or read to the accused. If the accused does not understand the language of the record, it must be interpreted in a language understood by the accused.
Right to clarify	The accused is at liberty to explain or add to the answers before signing.
Signatures and certification	The accused and the Magistrate or presiding Judge sign the record, and the judicial officer certifies that it is a full and true account of the statement.
Electronic communication	If an accused in custody is examined through electronic communication, the accused's signature must be obtained within seventy-two hours.
Summary trials	Section 316 does not apply to examination of an accused in the course of a summary trial.

Examination through electronic communication

A notable feature of Section 316 is its express recognition of examination through electronic communication where the accused is in custody. In such a case, the statute specifically requires that the accused's signature be obtained within seventy-two hours of the examination.

Important: The seventy-two-hour requirement applies to obtaining the signature of an accused who is in custody and has been examined through electronic communication. It does not remove the other safeguards in Section 316 concerning a complete record, comprehension of the record and judicial certification.

Applicability of BNSS

The Bharatiya Nagarik Suraksha Sanhita, 2023 came into force on 1 July 2024, subject to the statutory commencement notification. For the official text of the law and commencement material, see the Ministry of Home Affairs - New Criminal Laws page and the India Code portal.

Related BNSS provisions

Section 316 forms part of the provisions dealing with the mode of taking and recording evidence and examination in criminal proceedings. Readers may also refer to the immediately connected provisions on interpretation, High Court records and commissions for witnesses.

Frequently asked questions

What is Section 316 BNSS about?

It prescribes the manner in which the examination of an accused by a Magistrate or Court of Session is to be recorded, verified and signed.

Must every question and answer be recorded?

Yes. Sub-section (1) requires the whole examination, including every question and every answer, to be recorded in full.

What if the accused does not understand the language of the record?

The record must be interpreted to the accused in a language understood by the accused, who may then explain or add to the answers.

Does Section 316 apply to summary trials?

No. Sub-section (5) expressly excludes examination of an accused in the course of a summary trial.