Section 281 CrPC - Record of Examination of Accused

Section 281 of the Code of Criminal Procedure, 1973 prescribed how courts recorded the examination of an accused person. The corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is Section 316, applicable under the new procedural framework from 1 July 2024.

Current legal position: The CrPC has been repealed by Section 531 BNSS, subject to savings for specified pending proceedings. Section 281 remains relevant where the saved CrPC procedure governs. For proceedings governed by the BNSS, refer to Section 316.

Meaning and purpose of the provision

The record of examination of accused is the court's written account of questions put to an accused person and the answers given during an examination under the applicable criminal procedure. The rules safeguard accuracy, understanding and an opportunity to clarify or supplement answers. They also specify who records the examination, the language used and the required signatures.

Section 281 CrPC - Original statutory provision

The following sets out the six requirements of Section 281 of the Code of Criminal Procedure, 1973, as contained in the earlier law.

Sub-section (1) - Metropolitan Magistrate: Whenever the accused is examined by a Metropolitan Magistrate, the Magistrate shall make a memorandum of the substance of the examination in the language of the Court. The Magistrate shall sign the memorandum, which forms part of the record.

Sub-section (2) - Other Magistrates and Courts of Session: When any other Magistrate or a Court of Session examines the accused, every question and answer must be recorded in full by the presiding Judge or Magistrate, or, where physical or other incapacity prevents this, by an appointed court officer under the judicial officer's direction and supervision.

Sub-section (3) - Language: If practicable, the record must be in the language in which the accused is examined; otherwise, it may be in the language of the Court.

Sub-section (4) - Reading and explanation: The record must be shown or read to the accused and, if necessary, interpreted into a language understood by the accused. The accused may explain or add to the answers.

Sub-section (5) - Signatures and certification: The accused and the Magistrate or presiding Judge must sign the record. The judicial officer must certify that the examination occurred in the officer's presence and hearing and that the record is full and true.

Sub-section (6) - Summary trials: Section 281 does not apply to examination of an accused person during a summary trial.

Gujarat state amendment to Section 281 CrPC

Gujarat Act 31 of 2017, Section 4, amended Section 281(6) by inserting the words "either through the medium of Electronic Video Linkage or" after the words "the examination of an accused person". This is a historical state amendment to the CrPC text; its effect in any particular proceeding must be considered alongside the BNSS repeal and savings provisions and applicable state law.

Section 316 BNSS - Current record of examination of accused

Section 316 of the Bharatiya Nagarik Suraksha Sanhita, 2023 regulates the same subject under the current central procedural law. Its principal requirements are:

Full recording: The presiding Judge or Magistrate records every question and answer, subject to the statutory provision for recording by a supervised court officer where the judicial officer is incapacitated.
Language: The record should, where practicable, use the language in which the accused was examined; otherwise, the language of the Court.
Opportunity to verify: The record must be shown, read or interpreted to the accused as required, and the accused may explain or add to the answers.
Authentication: The accused and judicial officer sign the record, and the judicial officer certifies its accuracy and the circumstances of examination.
Electronic examination: Where an accused in custody is examined through electronic communication, the accused's signature must be obtained within 72 hours of the examination.
Summary trials: The section does not apply to the examination of an accused during a summary trial.

Unlike the former Section 281(1), Section 316 does not contain a separate memorandum-only rule for Metropolitan Magistrates.

Which provision applies?

The BNSS came into force on 1 July 2024. Section 531(2) contains savings for appeals, applications, trials, inquiries and investigations pending immediately before commencement, subject to its terms. Accordingly, whether Section 281 CrPC or Section 316 BNSS applies depends on the procedural history and legal status of the particular matter, rather than simply the date on which an examination occurs.

Official statutory resources

Consult the India Code official legislation portal for the Code of Criminal Procedure, 1973 and Bharatiya Nagarik Suraksha Sanhita, 2023. The Bureau of Police Research and Development BNSS reference PDF and the National Crime Records Bureau new criminal laws compendium provide additional government reference material.

Legal information updated 18 October 2026. This article is general information and is not a substitute for advice based on the facts of a particular case.