Bharatiya Nagarik Suraksha Sanhita (BNSS) Section 316
Code: BNSS Section 316
Explanation:
This section deals with the recording of an accused person’s examination during a trial. It mandates a detailed and accurate record of the entire examination process, including every question asked and every answer given. The purpose is to ensure transparency, fairness, and a reliable record of the proceedings.
- Subsection (1): Requires the presiding judge or magistrate to personally record the entire examination of the accused, or under their direction, an officer of the court can record it in cases of physical or other incapacity.
- Subsection (2): Stipulates that the record should be in the language the accused understands, or if not practicable, in the language of the court.
- Subsection (3): Ensures the accused has the opportunity to review the record and add or clarify their answers.
- Subsection (4): Requires the accused and the presiding judge or magistrate to sign the record, confirming its accuracy and authenticity. In cases of examination through electronic communication for an accused in custody, the signature is to be obtained within 72 hours.
- Subsection (5): Exempts examinations conducted during summary trials from the provisions of this section.
Illustration:
During a trial, the accused is questioned by the magistrate. The entire questioning, including every question and answer, is recorded in detail by the magistrate or an officer appointed by him. The record is then read out to the accused, and they have the opportunity to clarify or add to their answers. Finally, both the accused and the magistrate sign the record, confirming its accuracy.
Common Questions and Answers:
- Q: Who is responsible for recording the examination of the accused?
A: The presiding judge or magistrate, or an officer appointed by them in case of incapacity. - Q: What language should the record be in?
A: The language the accused understands, or if not practicable, the language of the court. - Q: Can the accused review the record before signing it?
A: Yes, the accused has the right to review the record and add or clarify their answers. - Q: Does this section apply to all trials?
A: No, this section does not apply to examinations conducted during summary trials.
