Section 183 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Recording Of Confessions And Statements.

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: Section 183, Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023

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.
• 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 the 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 and that 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 person’s signature and a detailed memorandum by the 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 during the recording of a confession or statement.