Record of examination of accused
Section 281 of Crpc 1973 deals with record of examination of accused. 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.
(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. STATE AMENDMENT Gujarat In the principal Act, in section 281, in sub-section (6), after the words "the examination of an accused person", the words "either through the medium of Electronic Video Linkage or" shall be inserted. [Vide Gujarat Act 31 of 2017, sec. 4.]
Section 281, Crpc 1973 (Act 2 of 1974).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Questions about Section 281
What does Section 281 of the Crpc 1973 deal with?
Section 281 of the Crpc 1973 is headed "Record of examination of accused". 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.
How do I find court cases under Section 281 of the Crpc 1973?
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: CRPC 1973 281, section 281 CRPC 1973, section 281 of the Crpc 1973. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 281 of the Crpc 1973, and has it changed?
2 other provisions in this corpus refer back to it.
When was the Crpc 1973 enacted?
Crpc 1973 was enacted in 1974 as Act 2 of 1974. India Code records no commencement date for it. It is no longer in force.
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