When an accused is examined by a Metropolitan Magistrate, the Magistrate shall prepare a memorandum summarizing the examination in the language of the Court. This memorandum shall be signed by the Magistrate and form part of the official record.

In cases where the accused is examined by a Magistrate other than a Metropolitan Magistrate or by a Court of Session, the entire examination—including every question asked and every response given—shall be recorded in full by the Presiding Judge or Magistrate. If the Judge or Magistrate is unable to do so due to physical or other incapacity, the recording shall be made under their direction and supervision by a designated court officer.

The record shall, if practicable, be in the language in which the accused is examined. If that is not feasible, it shall be recorded in the language of the Court.

The recorded statement shall be shown or read to the accused. If the accused does not understand the language of the record, it shall be interpreted for them in a language they comprehend. The accused shall be allowed to clarify or add to their answers.

The record shall then be signed by both the accused and the Magistrate or Presiding Judge. The Judge or Magistrate shall certify, under their own hand, that the examination was conducted in their presence and hearing and that the record accurately reflects the accused's statement.

This provision does not apply to the examination of an accused person in the course of a summary trial.