BNSS Section 183: Recording Confessions and Statements
This section of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 deals with the recording of confessions and statements by a Judicial Magistrate during the course of an investigation.
Code:
(1) Any Magistrate of the District in which the information about commission of any offence has been registered, may, whether or not he has jurisdiction in the case, record
any confession or statement made to him in the course of an investigation under this Chapter or under any other law for the time being in force, or at any time afterwards but
before the commencement of the inquiry or trial:
Provided that any confession or statement made under this sub-section may also be recorded by audio-video electronic means in the presence of the advocate of the person
accused of an offence:
Provided further that no confession shall be recorded by a police officer on whom any power of a Magistrate has been conferred under any law for the time being in force.
(2) The Magistrate shall, before recording any such confession, explain to the person making it that he is not bound to make a confession and that, if he does so, it may be used as evidence against him; and the Magistrate shall not record any such confession unless, upon questioning the person making it, he has reason to believe that it is being made voluntarily.
Code: (3),(4)
(3) If at any time before the confession is recorded, the person appearing before the Magistrate states that he is not willing to make the confession is recorded, the Magistrate shall not authorise the detention of such person in police custody.
(4) Any such confession shall be recorded in the manner provided in section 316 for recording the examination of an accused person and shall be signed by the person making
the confession; and the Magistrate shall make a memorandum at the foot of such record to the following effect:—
“I have explained to (name) that he is not bound to make a confession and that, if he does so, any confession he may make may be used as evidence against him and
I believe that this confession was voluntarily made. It was taken in my presence and hearing, and was read over to the person making it and admitted by him to be correct, and it contains a full and true account of the statement made by him.
(Signed) A. B.
Magistrate.”.
Code: (5)
(5) Any statement (other than a confession) made under sub-section (1) shall be recorded in such manner hereinafter provided for the recording of evidence as is, in the opinion of the Magistrate, best fitted to the circumstances of the case; and the Magistrate shall have power to administer oath to the person whose statement is so recorded.
Code: (6)
(6) (a) In cases punishable under section 64, section 65, section 66, section 67, section 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77, section 78, section 79 or section 124 of the Bharatiya Nyaya Sanhita, 2023, the Magistrate shall record the statement of the person against whom such offence has been committed in the manner specified in sub-section (5), as soon as the commission of the offence is brought to the notice of the police:
Provided that such statement shall, as far as practicable, be recorded by a woman Magistrate and in her absence by a male Magistrate in the presence of a woman:
Provided further that in cases relating to the offences punishable with imprisonment for ten years or more or with imprisonment for life or with death, the Magistrate shall record the statement of the witness brought before him by the police officer:
Provided also that if the person making the statement is temporarily or permanently, mentally or physically disabled, the Magistrate shall take the assistance of an interpreter or a special educator in recording the statement:
Provided also that if the person making the statement is temporarily or permanently, mentally or physically disabled, the statement made by the person, with the assistance of an interpreter or a special educator, shall be recorded through audio-video electronic means preferably by mobile phone;
(b) a statement recorded under clause (a) of a person, who is temporarily or permanently, mentally or physically disabled, shall be considered a statement in lieu of examination-in-chief, as specified in section 142 of the Bharatiya Sakshya Adhiniyam, 2023 such that the maker of the statement can be cross-examined on such statement, without the need for recording the same at the time of trial.
Code:(7)
(7) The Magistrate recording a confession or statement under this section shall forward it to the Magistrate by whom the case is to be inquired into or tried.
Explanation:
- Jurisdiction: Any Judicial Magistrate of the District where the information about the crime is registered can record a confession or statement, even if they don’t have jurisdiction over the case itself.
- Timing: The recording can happen during an investigation under this Chapter or any other law, or even later before the inquiry or trial begins.
- Advocate Presence: The accused person can have their advocate present while the confession or statement is recorded.
- No Recording by Police: A police officer, even if empowered with Magistrate powers, cannot record a confession.
- Voluntariness: Before recording a confession, the Magistrate must explain to the person that they are not obligated to confess, and that any confession can be used against them. The Magistrate must also ascertain the voluntariness of the confession.
- Refusal to Confess: If the person refuses to confess, the Magistrate cannot authorize their detention in police custody.
Explanation : (4),(5),(6),(7)
- Recording Procedure: Confessions are recorded in a specific manner as outlined in Section 316, including the person’s signature and a memorandum by the Magistrate.
- Other Statements: Statements other than confessions are recorded in a manner deemed suitable by the Magistrate, and they can administer an oath to the person making the statement.
- Special Cases: In certain offenses, the Magistrate must record the statement of the victim as soon as possible, ideally by a woman Judicial Magistrate. In cases involving serious offenses, the Magistrate must record the statement of the witness brought by the police.
- Disabled Persons: Special provisions are made for recording statements from persons with mental or physical disabilities, including the use of interpreters and audio-video recording.
- Statement in Lieu of Examination: Statements recorded from disabled persons can be used as evidence in lieu of examination-in-chief, allowing for cross-examination without needing to be recorded again at trial.
- Forwarding: The recorded confessions or statements are forwarded to the Magistrate who will handle the inquiry or trial of case.
Illustration:
A person is arrested for theft. During the investigation, they confess to the crime to the Judicial Magistrate. The Magistrate records the confession in accordance with Section 183, ensuring the person understands their rights. The confession is voluntary. This recorded confession can be used as evidence against the accused person during the trial.
Common Questions and Answers:
- Q: Can a police officer record a confession under this section?
- A: No, Section 183 specifically prohibits police officers from recording confessions, even if they have been granted Magistrate powers.
- Q: What happens if the person refuses to confess?
- A: If the person refuses to confess, the Magistrate cannot authorize their detention in police custody. They must be released.
- Q: How is a confession recorded under Section 183?
- A: Confessions are recorded following the procedure outlined in Section 316, including the signature and a detailed memorandum by Magistrate.
- Q: Is the presence of an advocate mandatory during the recording of a confession?
- A: While it is not mandatory, the law allows for the presence of the accused person’s advocate. An advocate is allowed during the recording of a confession or statement.
