Record of examination of accused
Section 281 of the Code of Criminal Procedure, 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. The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
(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.
Section 281, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 316 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
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.
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.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… a trial. [ 5 ] In order to substantiate the charges brought against the petitioner, the prosecution apart from adducing the oral evidence of as many as 23 witnesses had introduced 15 documents. After the recording of prosecution evidence was concluded, the petitioner was examined under Section 313 read with Section 281 of the Code of Criminal Procedure for having his replies on the incriminating materials available against him. The petitioner, in answer, abjured his guilt and claimed that the charges were foisted on him. [ 6 ] Though charges under Sections 279, 338 and 304, Part-II IPC were framed against the petitioner and …
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… The disclosure statement of the accused was exhibited as exhibit-5 and the seizure of the dao was made vide exhibit-2. 8. In course of the investigation, a confessional statement of the accused was also recorded under Section 164 read with Section 281 of the Code of Criminal Procedure. The confessional statement of the accused under Section 164 of the Code of Criminal Procedure ('Cr.P.C' in short) was as under: " My name is Sulu Gour. I have wife and three sons. Lakhan Sautal was my neighbor. He was a bit deranged. He had been harassing my family and me for …
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… was highlighted with a view to raise some suspicion about the veracity of the statement but this omission can not be taken to have any adverse effect on the genuineness and veracity of the confessional statement. Perusal of the statement also indicate that in recording the statement compliance of the provisions of Section 164 and 281 of the Code of Criminal Procedure had been made and that the required certificate was also appended at the end of the statement. 16- Further, a plain reading of the entire confessional statement fully corroborate the case of the prosecution that in the night of the incident after taking night meal accused and his …
Questions about Section 281
What have the courts held on Section 281 of the Code of Criminal Procedure?
State of Punjab vs Harjagdev Singh (22 Apr 2009) is the leading judgment on this section among those set out below: 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.
How do I find court cases under Section 281 of the Code of Criminal Procedure?
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 281, section 281 CRPC, section 281 of the Code of Criminal Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with State of Punjab vs Harjagdev Singh (22 Apr 2009).
What should I read with Section 281 of the Code of Criminal Procedure, and has it changed?
2 other provisions in this corpus refer back to it. For anything done on or after 1 July 2024 the provision to read is BNSS 316 (Record of examination of accused), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 281 of the Code of Criminal Procedure come into force?
Section 281 of the Code of Criminal Procedure, cited as CRPC 281, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 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. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.