Legal Provisions of Section 281 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.
Record of examination of accused:
This section directs that a Metropolitan Magistrate is required to make a memorandum of the substance of the examination of the accused in the language of the Court whereas any other Magistrate or the Sessions Judge is required to record in full the whole of such examination including every question and its answer given by the accused.
ADVERTISEMENTS:
Obviously the provisions of this section will have no application where the accused pleads guilty because in such a case the provisions contained in Section 252 would apply. The statement should ordinarily be recorded in the language in which the accused was examined and if it is not practicable, it should be recorded in the language of the Court.
Where a statement is made in a foreign language unknown to the Court, the language in which the statement is conveyed to the Court by the interpreter is the language in which it should be recorded. It shall then be signed by the accused as also the Presiding Judge or the Magistrate.
The provisions of this section are not applicable to the examination of an accused in course of a summary trial.
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