Record of Examination of accused
AI Assist
Summary
When an accused is examined by a magistrate or sessions court, every question and answer must be recorded in full by the presiding judge or magistrate, or by an officer they appoint if they cannot. The record should be in the language used or, if not practicable, the court language, shown or interpreted to the accused, who may add or explain answers. The accused and the presiding judge or magistrate must sign and certify the record; if the accused in custody is examined electronically, the signature must be taken within 72 hours.
Example
Priya is questioned by a magistrate about a neighbourhood dispute. The magistrate records every question and answer, shows the record to Priya and she adds an explanation. Both Priya and the magistrate sign and the magistrate certifies the record; had Priya been in custody and questioned by video, her signature would need to be taken within 72 hours.
Bare Act
Enacted text(1) Whenever the accused is examined by any 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.
(2) 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.
(3) 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.
(4) 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:
Provided that where the accused is in custody and is examined through electronic communication, his signature shall be taken within seventy-two hours of such examination.
(5) Nothing in this section shall be deemed to apply to the examination of an accused person in the course of a summary trial.
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