CrPC Section 281: Record of Accused Examination
This section of the Code of Criminal Procedure (CrPC) deals with the recording of the examination of the accused during the investigation of a crime.
1. State the Code
CrPC Section 281:
Record of examination of accused.—
When any person is examined under section 161 or section 163, the substance of every such examination shall be reduced to writing by the officer making the examination or by some other person in his presence and under his direction, and such writing shall be signed by the person examined and by the officer.
2. 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.
3. 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.
4. 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.
