Section 316 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 316 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Provision:
Section 316 of the BNSS, 2023, mandates the comprehensive recording of an accused person's examination during a trial. It ensures that every question posed and every answer given by the accused is documented in full, maintaining transparency and accountability in the judicial process.(
Detailed Breakdown:
Complete Record of Examination:
The presiding Judge or Magistrate is required to record the entire examination of the accused, including all questions and answers.
If the Judge or Magistrate is unable to do so due to physical or other incapacity, an officer of the Court, appointed by them, shall record the examination under their direction and superintendence.(
Language of the Record:
The record should be in the language in which the accused is examined, or if that is not practicable, in the language of the Court.
Review and Interpretation:
The record must be shown or read to the accused.
If the accused does not understand the language in which it is written, it shall be interpreted to them in a language they understand.
The accused shall have the liberty to explain or add to their answers.(indiankanoon.org, myjudix.com)
Signing of the Record:
The record shall be signed by both the accused and the Magistrate or presiding Judge.
The Judge or Magistrate shall certify that the examination was taken in their presence and hearing and that the record contains a full and true account of the statement made by the accused.
If the accused is in custody and examined through electronic communication, their signature shall be obtained within seventy-two hours of such examination.
Exemption in Summary Trials:
This section does not apply to the examination of an accused person in the course of a summary trial.
Comparison with the Code of Criminal Procedure (CrPC):
| Provision | BNSS, Section 316 | CrPC, Section 281 |
|---|---|---|
| Requirement to record examination | Yes | Yes |
| Language of the record | Language of the accused or Court | Language of the Court |
| Review and interpretation | Yes | Yes |
| Signing of the record | Yes | Yes |
| Exemption in summary trials | Yes | Yes |
Both the BNSS and the CrPC emphasize the importance of accurately recording the examination of the accused, ensuring fairness and transparency in the judicial process.
Illustrative Example:
Scenario: In a trial, the accused, Ravi, is questioned by the Magistrate.
Application of Section 316:
Recording: The Magistrate records every question posed and every answer given by Ravi.
Language: The record is made in Hindi, which Ravi understands.
Review: The record is read to Ravi, and he confirms its accuracy.
Signing: Both Ravi and the Magistrate sign the record, certifying its authenticity.
This process ensures that Ravi's examination is thoroughly documented, upholding the principles of justice.
Conclusion:
Section 316 of the BNSS, 2023, establishes a clear and detailed procedure for recording the examination of an accused person, ensuring that the process is transparent, fair, and accountable. By aligning with the provisions of the CrPC, it maintains consistency in the legal framework governing criminal procedures.
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