Introduction to Section 183 BNSS
BNSS Section 183 talks about how a confession or a statement by an accused or witness must be recorded during police investigation. It gives powers and responsibilities to a Magistrate to make sure the confession or statement is recorded correctly, lawfully, and voluntarily, especially when it is about serious crimes or sensitive matters.
What is BNSS Section 183 ?
BNSS Section 183 deals with how a Magistrate can record the confession or statement of an accused or any person in a criminal case. It allows the use of audio-video recording, ensures the confession is voluntary, and has special provisions for victims of sensitive crimes and persons with disabilities. It replaces the similar rule from Section 164 of the old CrPC and gives more protection to the accused and victims.
BNSS Section of 183 in Simple Points
1. Confession must be voluntary and without pressure
Under BNSS Section 183, a Magistrate must first confirm that the accused is giving the confession willingly. If there is any sign of fear, confusion, or pressure, the Magistrate will not record the confession. This protects the person from being forced to say something they didn’t do. The Magistrate will also explain that the confession can be used as evidence against the accused in court.
2. Police officers are not allowed to record confessions
BNSS Section 183 clearly says that a police officer, even if given some powers of a Magistrate, cannot record a confession. Only a Judicial Magistrate can do that. This ensures fairness and prevents the misuse of authority or force by police. It also builds trust in the legal system and makes the confession more reliable in court.
3. Use of audio-video recording is allowed
This section allows confessions or statements to be recorded through audio-video electronic means. This may include cameras, CCTV, or mobile phones. It makes the process more transparent and helps the court to verify if the confession was made freely. It also reduces the chance of future denial by the accused during trial.
4. Special care for women and victims of sensitive crimes
In crimes like rape, sexual harassment, and acid attacks, the victim’s statement must be recorded as early as possible. Preferably, a woman Magistrate should record the statement. If not available, a male Magistrate must take help from a woman. This protects the dignity and emotional well-being of the victim and ensures strong early evidence.
5. Help for disabled persons in recording their statements
If the person giving the statement is mentally or physically disabled, the Magistrate must take help from a special educator or interpreter. The statement must also be recorded using audio-video tools, so the person does not have to repeat their story again in court. This ensures that disabled people also get justice in a fair and respectful manner.
Section 183 of BNSS Overview
This section allows a Magistrate to record any confession or statement during investigation—even if the case is not in their jurisdiction. It ensures that any confession is made freely and can be recorded using audio-video methods. It also has special rules for recording the statements of vulnerable victims or witnesses like women and disabled persons.
10 Key Points of BNSS Section 183
1. Who Can Record Confession or Statement?
Any Magistrate of the district where the crime is reported can record a confession or statement—even if they don’t have direct jurisdiction over the case. This is important because it allows faster recording of evidence and avoids delays. It ensures that crucial statements are captured early in the investigation. The Magistrate acts as a neutral authority to prevent manipulation of facts. For example, even if a crime is going to be tried in Court A, a Magistrate from Court B in the same district can record the confession. This helps when the regular Magistrate is unavailable or busy. It brings speed and efficiency in criminal justice.
2. Recording Through Audio-Video Means
BNSS Section 183 allows confessions or statements to be recorded using audio-video electronic means, such as mobile phones or CCTV. This step brings transparency and helps in preventing forced confessions. The presence of the accused person’s lawyer during such recordings is also allowed, which protects their rights. Video recordings ensure that what the person says is documented clearly without later changes. This method supports truthfulness and protects the accused from unfair treatment. It also becomes strong evidence during the trial. For example, if someone confesses to a crime in a recorded video, it becomes a powerful proof in court.
3. Police Officers Cannot Record Confessions
Even if a police officer is given some powers of a Magistrate under any law, they cannot record a confession. This rule exists to prevent misuse of police authority and protect the rights of the accused. It ensures that no confession is made under pressure or torture. Only a real judicial Magistrate can record a confession, and this must be done in a fair and peaceful setting. For example, if a Deputy Commissioner of Police has some magisterial powers, he still cannot record a confession. This keeps the criminal justice process clean and reliable.
4. Confession Must Be Voluntary
Before recording the confession, the Magistrate must clearly tell the accused that they are not forced to confess. The Magistrate must explain that if the person confesses, it may be used as evidence against them. Only if the Magistrate is satisfied that the confession is being made voluntarily can it be recorded. This protects the accused from being tricked or pressured. For example, if the accused looks afraid or confused, the Magistrate should not proceed. This rule safeguards the fundamental right of silence under Indian law.
5. Refusal to Confess Protects Accused
If the accused says they do not want to confess, the Magistrate must respect their decision. In such cases, the Magistrate cannot send them back to police custody, because that could result in pressure or torture to make them change their mind. Instead, the person may be sent to judicial custody or given other protection. This rule protects the accused from being forced into a false confession. For example, if an accused says “I don’t want to speak now”, that must be accepted, and no pressure can be applied.
6. Proper Format and Signature Required
The confession must be recorded as per Section 316 of BNSS, which deals with examination of accused persons. The accused must sign the confession after it is read aloud and confirmed as correct. The Magistrate must also write a declaration at the end stating that the confession was made voluntarily, in full understanding. This written and signed document is strong legal evidence. For example, if the accused signs and confirms the statement, it becomes a binding record in court. This prevents later denial or changes by the accused.
7. Statements Other Than Confessions
If a person gives a statement but not a confession, it should be recorded like regular witness evidence. The Magistrate can administer an oath to make sure the person speaks the truth. These statements are also useful during the trial and help build the case. For instance, if someone says they saw the accused running from the scene, it can be recorded as a legal statement under oath. These are helpful in solving the case even if the person is not confessing to a crime.
8. Special Procedure for Sensitive Crimes
In cases like rape, sexual harassment, acid attack, etc., the statement of the victim must be recorded as soon as possible. Preferably, it should be done by a woman Magistrate. If a woman Magistrate is not available, then it should be done by a male Magistrate in the presence of a woman. This ensures dignity, safety, and emotional support for the victim. For example, if a girl reports a case of harassment, her statement must be recorded immediately with care. This helps in collecting strong early evidence and gives confidence to the victim.
9. Support for Disabled Victims
If the person making the statement is mentally or physically disabled, the Magistrate must take help from a special educator or interpreter. The statement should also be audio-video recorded, preferably using a mobile phone. This ensures that the person’s voice is properly heard and understood. For example, if a deaf woman is giving a statement, a sign language interpreter must be present, and the recording must be done. This step supports equality and fair treatment of disabled individuals under the law.
10. Statement Used as Evidence in Trial
If a disabled person’s statement is recorded under this section, it will be used as their main testimony in court. This means they will not need to repeat the whole story during the trial. They can just be cross-examined, which reduces stress for them. This is a very humane and thoughtful step to make legal processes easier for people with special needs. For example, a person who cannot speak properly will not be asked to repeat their painful experience again in court. Their earlier recorded statement is considered complete evidence.
2 Examples of BNSS Section 183:
- Confession Recording: A man accused of robbery is brought before the Magistrate. The Magistrate informs him of his rights. He agrees to confess, and his confession is recorded in front of his lawyer through audio-video. This is accepted as legal evidence.
- Woman’s Statement in Assault Case: A woman assaulted by her employer gives her statement before a woman Magistrate. Since it’s a serious offence, her statement is recorded through video. Her statement is used directly in court without repeating during the trial.
Section 183 of BNSS Short Information
| Key Point | Explanation (Short) |
|---|---|
| Magistrate’s Authority | Can record statements even outside jurisdiction before trial. |
| Audio-Video Recording | Confessions can be recorded digitally in front of the lawyer. |
| Protection from Forced Confession | Magistrate ensures confession is voluntary, not forced. |
| Special Protection for Victims | Women and disabled victims get extra safeguards like video recording, interpreter use. |
| Direct Use in Trial | Statements of disabled victims can be used in trial as evidence-in-chief. |
Why BNSS Section 183 Is Needed ?
BNSS Section 183 is needed to ensure fair, transparent, and respectful recording of statements and confessions in criminal cases.
- To prevent forced confessions:
Earlier, some confessions were taken by force or under pressure. BNSS Section 183 ensures that the accused gives a confession voluntarily, without any fear or police pressure. - To protect the rights of accused and victims:
It helps both the accused and the victim by recording their words correctly and respectfully, especially in cases of sexual violence or disability. - To avoid misuse of power by police:
Only a Judicial Magistrate can record confessions now, not police. This helps stop wrongful actions during investigations. - To support victims of sensitive crimes:
Victims of rape, sexual assault, or acid attacks get quick protection as their statements are recorded early, preferably by a woman Magistrate. - To use modern technology for justice:
The section allows audio-video recording, which makes it easier to keep a truthful and permanent record. It also helps judges see the real situation.
BNSS Section 183 FAQs
BNSS 183
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