Section 316 of BNSS : Section 316: Record of examination of accused.

BNSS

JavaScript did not load properly

Some content might be missing or broken. Please try disabling content blockers or use a different browser like Chrome, Safari or Firefox.

Explanation using Example

Example 1:

Rajesh is accused of theft and is brought before a Magistrate in Mumbai. During his examination, the Magistrate asks Rajesh several questions about his whereabouts on the night of the theft. Rajesh answers each question in Hindi, his native language. The Magistrate records every question and answer in Hindi. After the examination, the record is read back to Rajesh in Hindi to ensure accuracy. Rajesh confirms that the record is accurate and signs it. The Magistrate also signs the record, certifying that the examination was conducted in his presence and that the record is a true account of Rajesh's statements.

Example 2:

Priya is accused of fraud and is examined by a Court of Session in Delhi. The presiding Judge, due to a recent injury, is unable to write. He directs a court officer to record the examination under his supervision. Priya answers the questions in English, but the court's language is Hindi. The officer records the examination in Hindi. After the examination, the record is read to Priya in English, which she understands. Priya is given the opportunity to make any corrections or additions. She then signs the record, and the Judge also signs, certifying that the examination was conducted in his presence and that the record is accurate.

Example 3:

Amit is accused of assault and is in custody. Due to the COVID-19 pandemic, his examination is conducted via video conferencing. The Magistrate asks Amit questions, and Amit responds in Marathi. The Magistrate records the examination in Marathi. The record is then read back to Amit in Marathi to ensure it is accurate. Amit confirms the accuracy and, within seventy-two hours, his signature is obtained on the record. The Magistrate also signs the record, certifying that the examination was conducted in his presence and that the record is a true account of Amit's statements.

Example 4:

Sunita is accused of a minor traffic violation and is undergoing a summary trial. During the trial, the Magistrate asks her a few questions about the incident. Since this is a summary trial, the detailed recording of every question and answer as specified in Section 316 does not apply. The Magistrate makes brief notes of Sunita's responses and proceeds with the trial.

Update: Our AI tools are cooking — and they are almost ready to serve! Stay hungry — your invite to the table is coming soon.
Update: KanoonGPT Chat interface is launched for beta testing. Try it out here

Download Digital Bare Acts on mobile or tablet with "Kanoon Library" app

Kanoon Library Android App - Play Store LinkKanoon Library iOS App - App Store Link