Record of examination of accused
Section 316 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with record of examination of accused. 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 The Act came into force on 01 Jul 2024.
(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.
Section 316, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 281 Record of examination of accused Text carried over almost unchanged 95%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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State of Punjab vs Harjagdev Singh
Decided under Code of Criminal Procedure 281, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
A judicial confession recorded under Section 164 CrPC by a competent Magistrate following the prescribed procedure—including warning the accused that the confession may be used as evidence and satisfying the Magistrate that it is voluntary—is admissible and reliable evidence of guilt even if there are technical non-compliances with procedural requirements under Section 164, unless the accused demonstrates that such non-compliance caused him actual injury in his defence on merits. An extra-judicial confession may also be admissible if the witness supports the substance of the confession even if the accused later claims the witness had no opportunity to hear it. The voluntariness of a confession is determined by objective assessment of facts and circumstances, including whether the confession was made in fit state of mind and whether any inducement from person in authority with reference to the charge created reasonable grounds for the accused to suppose he would gain advantage or avoid temporal evil by confessing.
On this section: Manner of recording examination of accused person. Section 164(4) requires confession be recorded in manner provided in Section 281 and be signed by accused and magistrate.
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Mohd. Aleem vs The State of Telangana
Court's Decision & Legal Precedent
When the underlying dispute is civil in nature, the prescribed punishment for the alleged offences is less than seven years, and the material part of the investigation is substantially completed, anticipatory bail should be granted to the accused with appropriate conditions including personal bond, sureties, regular appearance before police, and cooperation with the investigating officer.
On this section: Offence related to criminal intimidation - one of the charges against the accused
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 316
What have the courts held on Section 316 of the Bharatiya Nagarik Suraksha Sanhita?
State of Punjab vs Harjagdev Singh (22 Apr 2009) is the leading judgment on this section among those set out below, though it was decided under CRPC 281, which this section replaced -- the court never mentioned this Act: Manner of recording examination of accused person. Section 164(4) requires confession be recorded in manner provided in Section 281 and be signed by accused and magistrate. Another 1 judgment on this section is set out below, 1 of them from the Supreme Court. They run from 2009 to 2025.
How do I find court cases under Section 316 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 316, section 316 BNSS, section 316 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bnss 316(2) and bnss 316(5). Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with State of Punjab vs Harjagdev Singh (22 Apr 2009).
What should I read with Section 316 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
4 other provisions in this corpus refer back to it. It carries forward CrPC 281 (Record of examination of accused), so the judgments decided under that provision are the case law on this one.
When did Section 316 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 316 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 316, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.