CrPC Section 281 — Record of examination of accused

CHAPTER XXIII EVIDENCE IN INQUIRIES AND TRIALS

General

Summary

Sub-section (1) says that when a Metropolitan Magistrate examines an accused person, the Magistrate must make a memorandum summarising the examination in the language of the Court. The Magistrate must sign it, and it forms part of the record.

Sub-section (2) says that when an accused person is examined by a Magistrate who is not a Metropolitan Magistrate, or by a Court of Session, the presiding Judge or Magistrate must record the entire examination, including every question and answer. If that Judge or Magistrate cannot do so because of a physical or other incapacity, a Court officer appointed by them must make the record under their direction and supervision.

Sub-section (3) says that, if practicable, the examination must be recorded in the language in which the accused is examined. If that is not practicable, it must be recorded in the language of the Court.

Sub-section (4) says that the record must be shown or read to the accused. If the accused does not understand the language in which it is written, it must be interpreted in a language they understand. The accused may explain or add to their answers.

Sub-section (5) says that the accused and the Magistrate or presiding Judge must then sign the record. The Magistrate or Judge must also certify in their own hand that the examination took place in their presence and hearing, and that the record is a full and true account of what the accused said.

Sub-section (6) says that this section does not apply to the examination of an accused person during a summary trial.

Official Text

(1) 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.

(2) 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.

(3) 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.

(4) 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.

(5) 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.

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

Referred to by

Old <-> New Code Mapping