Code
(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.
STATE AMENDMENT
Gujarat
In the principal Act, in section 281, in sub-section (6), after the words “the examination of an accused person”, the words “either through the medium of Electronic Video Linkage or” shall be inserted.
[Vide Gujarat Act 31 of 2017, sec. 4.]
Explanation
This section mandates that the substance of the examination of an accused under Sections 161 (examination of a person not arrested) or 163 (examination of an arrested person) must be recorded in writing. This written record serves as evidence in the subsequent trial. The following points are crucial:
- Recording: The substance of the examination, not the verbatim transcript, is to be recorded. This implies a summary of the key points, not every word spoken.
- Officer’s Presence: The recording must be done either by the officer conducting the examination or by someone else under the officer’s supervision.
- Signatures: Both the person being examined and the officer conducting the examination must sign the written record to ensure authenticity and acknowledge its accuracy.
Illustration
Imagine a scenario where a police officer is investigating a theft case. The officer questions the suspect, who is not under arrest. The officer meticulously records the suspect’s answers in a notebook. This written record, signed by both the suspect and the officer, is a crucial piece of evidence in the case.
Common Questions and Answers
Q: What happens if the accused refuses to sign the record?
A: If the accused refuses to sign, the officer should record the refusal and mention the reasons provided, if any. The officer’s signature alone will suffice to validate the record.
Q: Can the accused be forced to sign the record?
A: No, the accused cannot be coerced or forced to sign the record. However, the refusal must be properly documented.
Q: What is the significance of Section 281 in the judicial process?
A: This section ensures that the accused’s statements during the investigation are preserved in a written form, preventing manipulation or fabrication of evidence. It also promotes transparency and accountability in the investigative process.
