Section 183 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 183 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 governs the procedures for recording confessions and statements during criminal investigations. This section aims to ensure that such recordings are made voluntarily, with due process, and are admissible in court.
Key Provisions of Section 183
1. Authority to Record Confessions and Statements
Any Magistrate within the district where the offence has been registered may record confessions or statements made during an investigation, regardless of whether they have jurisdiction over the case.
Confessions or statements can be recorded at any time before the commencement of the inquiry or trial.
These recordings can be made using audio-video electronic means, provided the accused's advocate is present.
Police officers, even if conferred with certain judicial powers, are prohibited from recording confessions.(
2. Voluntariness of Confessions
Before recording a confession, the Magistrate must inform the person that they are not obligated to confess and that any confession made may be used as evidence against them.(
The Magistrate must be satisfied that the confession is made voluntarily before recording it.
3. Withdrawal of Willingness
If, before the confession is recorded, the person indicates they are unwilling to confess, the Magistrate cannot authorize their detention in police custody
4. Recording of Confessions
Confessions must be recorded in the manner prescribed for recording the examination of an accused person.(
The person making the confession must sign it.
The Magistrate must add a memorandum stating that the person was informed of their rights and that the confession was made voluntarily.(
5. Recording of Statements (Other than Confessions)
Statements made, other than confessions, should be recorded in a manner best suited to the circumstances of the case.
The Magistrate has the authority to administer an oath to the person whose statement is being recorded
6. Special Provisions for Certain Offences
In cases involving serious offences, such as those punishable with imprisonment for ten years or more, life imprisonment, or death, the Magistrate must record the statement of the witness brought by the police
For victims of certain offences, their statements should be recorded by a woman Magistrate, and in her absence, by a male Magistrate in the presence of a woman.
If the person making the statement is mentally or physically disabled, the Magistrate should use the assistance of an interpreter or special educator.(
Such statements should preferably be recorded through audio-video electronic means, like a mobile phone.
Statements made by disabled individuals, with assistance, are considered as statements in lieu of examination-in-chief, allowing for cross-examination without recording the same at the time of trial.
7. Forwarding of Recorded Statements
The Magistrate who records a confession or statement must forward it to the Magistrate who will inquire into or try the case.(kanoongpt.in)
Significance of Section 183
Ensures Voluntariness: Protects individuals from coerced confessions, ensuring that statements made are voluntary and not induced by force or fear.
Protects Vulnerable Individuals: Special provisions safeguard the rights of women and disabled individuals during the recording of statements.
Enhances Admissibility: Properly recorded confessions and statements are more likely to be admissible in court, strengthening the prosecution's case.
Promotes Accountability: The requirement for audio-video recordings and the presence of legal counsel promote transparency and accountability in the investigative process.
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