1. CRIMINAL PROCEDURE CODE, 1973
CHAPTER XXIII
SECTION 281: Record of examination of accused
BY ARUNDHATI BANERJEE
2. BARE ACT LANGUAGE EXPLAINED
(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.
FLOW CHART FOR EASY EXPLANATION
EXAMINED BY
METROPOLITAN
MAGISTRATE
MEMORANDUM
OF SUBSTANCE
EXAMINATION
LANGUAGE
OF THE
COURT
SIGNED BY
MAGISTRATE
FORM PART OF THE RECORD
3. SECTION 281 CONTINUED…
(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 the direction and
superintendence by an officer of the Court appointed by him in this behalf.
FLOW CHART FOR EASY EXPLANATION
ACCUSED
EXAMINED BY OTHER
THAN METROPOLITAN
MAGISTRATE
COURT OF
SESSION
THE WHOLE
EXAMINATION
RECORDED
PRESIDING
JUDGE
MAGISTRATE
HIMSELFIF UNABLE TO DO
SO
UNDER THE DIRECTION OF AN OFFICER
OF THE COURT APPOINTED BY HIM
4. SECTION 281 CONTINUED…
(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.
FLOW CHART FOR EASY EXPLANATION
RECORD
LANGUAGE THAT
ACCUSED IS
EXAMINED
IF
PRACTICABLE
IF NOT
PRACTICABLE
LANGUAGE OF
COURT
5. SECTION 281 CONTINUED…
(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.
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ACCUSED
SHOWN
READ TO
THE STATEMENTS
RECORDED
LANGUAGE
ACCUSED
UNDERSTANDS
LIBERTY TO EXPLAIN AND ADD MORE TO
HIS ANSWERS
6. SECTION 281 CONTINUED…
(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 presence and hearing and that the
record contains a full and true account of the statement made by the accused.
IN EASY WORDS
The recorded statements of the accused will be signed by the accused himself and the Magistrate
recording it. The magistrate shall certify that the examination was taken in his presence and that the
record contains a full and true account of statements.
7. SECTION 281 CONTINUED…
(6) Nothing in this section shall be deemed to apply to the examination of an accused person in the
course of a summary trial.
IN EASY WORDS
This section will not be applicable in summary trials.
8. POINTS TO REMEMBER
This section deals with the mode of recording examination of the accused by a Metropolitan Magistrate
and any Magistrate other than a metropolitan Magistrate or by a Court of Session.
A Metropolitan magistrate is required to make a memorandum of the substance of the examination of
an accused; any other magistrate or a sessions judge is required to record in full the whole of such
examination including every question answer.
Word to word recording of confession is must.
Preference of same language in which the accused understands but if the language is not practicable in
court then in the language of court itself.
Summary trial will not apply in this section.
Only explanation addition or clarification is done in the statement or confession. No deletion is done.
9. SECTION 164 READ WITH SECTION 281
Section 164 provided special procedure for recording of confessions and statements made
during the course of investigation by Magistrates. The presence of a Magistrate being a
safeguard is equivalent to removal of police influence and it can be relied and acted upon. The
act of recording confessions is very solemn act and in discharging.
10. CASES RELATED TO THIS SECTION
REG vs. SHIVYA AIR 1876
It is not always necessary that the statement of the accused should be recorded by the Magistrate with his
own hand. It would be enough that he appends a certificate that the examination was conducted in his
presence and hearing and contains accurately all that was stated by the accused.
NEHARU AIR 1937
The statement so recorded shall be signed by the accused, and where he cannot sign his name his mark
would be sufficient. The record of confession must bear the signature of the accused otherwise it shall not
be admissible in evidence.
MAHABIR SINGH vs. STATE OF HARYANA AIR 2001
Magistrate must take care to ensure that all the requirements laid down in thus section are fully complied
with. The compliance of this section is a sine-quo-non for recording a confession.
