Section 281 CrPC — Record of examination of accused

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Section 281 — Record of examination of accused

281

Record of examination of accused

Code of Criminal Procedure, 1973

Chapter XXIII Evidence in Inquiries and Trials

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Reviewed by Advocate Aditi Babbar, Seasoned Advocate · Practicing since 31 years

📅 Updated 2026-04-10📚 Source: The Gazette of India

Criminal ProcedureEvidence RecordingFair TrialProcedural Law

🗣️ Simple Explanation

What does this law say? Section 281 of the CrPC explains how the court records what an accused person says during questioning. If a Metropolitan Magistrate questions you, they write a summary. Other Magistrates or Sessions Courts record everything. This includes every question and answer. The record is read to you, or explained if needed. You can add to your answers. The record is then signed by you and the judge.

Why does this law exist? This law ensures a fair trial. It makes sure what you say is accurately recorded. This protects both you and the court. It helps in building a transparent and just legal process.

Real-life impact Imagine you are accused of a crime. This law ensures your words are carefully documented. This record is used as evidence. It helps the court understand your side of the story. It helps in ensuring a fair trial.

What happens if you break this law? This section itself doesn't describe a crime. It describes the procedure for recording statements. If the procedure isn't followed, it could affect the trial's fairness.

💡 Real Life Example

Rahul is questioned by a judge about a theft. The judge records every question and Rahul's answers. This record becomes part of the trial evidence. The court uses this to understand Rahul's version of events.

Priya is accused of a crime. The court reads her recorded statement to her. She can add to it. This ensures her words are accurately represented. This helps in a fair trial.

🛡️ KNOW YOUR RIGHTS

•Understand your right to have your statement recorded accurately.
•Ask for the record to be read to you if you don't understand the language.
•Add or explain your answers in the record.
•Seek legal aid if you are accused of a crime.
•Ensure the record is signed by you and the judge.

❓ FREQUENTLY ASKED QUESTIONS

Section 281 of the CrPC explains how the court records the statements of an accused person. It ensures that every question and answer is recorded. The record is then read to the accused. They can add to it. This ensures a fair and accurate record of the proceedings.

This section itself doesn't deal with bail. It deals with recording statements. The bailability of the offense depends on the specific crime you are accused of. You should consult a lawyer to understand the bail process.

If the recording is not done correctly, it can impact the fairness of the trial. The accused's rights might be violated. The court might have to re-examine the evidence. It could lead to the statement being considered invalid. This can affect the outcome of the case.

Sources & References

📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library

⚖️ Content reviewed by Advocate Aditi Babbar, Seasoned Advocate, with 31 years of legal practice

📚 Act Reference: Code of Criminal Procedure, 1973

Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.

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