Section 183 of BNSS, 2023 — Recording of Confessions and Statements

Introduction

Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the recording of confessions and statements by a Magistrate during investigation or before the commencement of an inquiry or trial.

The provision is designed to ensure that important statements, particularly confessions, are recorded under judicial supervision rather than merely during police investigation. It contains safeguards intended to ensure that a confession is voluntary and that the person making it understands its possible evidentiary consequences.

Section 183 substantially corresponds to Section 164 of the Code of Criminal Procedure, 1973, but BNSS introduces several significant modifications, including the district-based Magistrate framework, audio-video recording, and special provisions concerning victims and witnesses in specified offences.

Meaning of Recording of Confessions and Statements

A confession is a statement by an accused person admitting the commission of an offence or substantially admitting facts constituting the offence.

A statement under Section 183 may be made by a witness, victim or other person during investigation. The section provides a judicial mechanism for recording such statements before the commencement of the inquiry or trial.

The essential feature is that the recording is carried out by a Magistrate and is subject to statutory safeguards.

Statutory Basis

The principal provision is:

• Section 183, BNSS, 2023 — Recording of confessions and statements.
• Section 182, BNSS — No inducement to be offered.
• Section 181, BNSS — Statements to police and use thereof.
• Section 316, BNSS — Manner of recording examination of an accused person, which is referred to for recording a confession under Section 183(4).
• Section 142, Bharatiya Sakshya Adhiniyam, 2023 — Relevant to the special treatment of statements of temporarily or permanently mentally or physically disabled persons under Section 183(6).

Object and Purpose

Section 183 serves several procedural purposes:

• to place the recording of confessions under judicial supervision;
• to ensure that an accused is not compelled to confess;
• to ensure that a confession is voluntary;
• to create a reliable record of statements made during investigation;
• to provide special safeguards to victims and vulnerable witnesses;
• to facilitate audio-video recording where permitted or required;
• to preserve important statements for subsequent inquiry or trial.

The provision therefore acts as an important safeguard against coercion, intimidation and improper influence during criminal investigation.

Who Can Record a Confession or Statement?

Under Section 183(1), a Magistrate of the district in which information regarding the commission of the offence has been registered may record a confession or statement.

The Magistrate may record it whether or not he has jurisdiction in the case.

The recording may take place:

• during an investigation under the relevant chapter;
• during an investigation under any other law for the time being in force; or
• at any time afterwards, but before the commencement of the inquiry or trial.

A police officer upon whom powers of a Magistrate have been conferred cannot record a confession merely by virtue of those powers.

Audio-Video Recording

Section 183(1) expressly permits a confession or statement to be recorded through audio-video electronic means.

Where this method is used, it may be recorded in the presence of the advocate of the person accused of an offence.

This reflects the BNSS’s wider recognition of electronic methods in criminal procedure.

Essential Safeguards for Recording a Confession

1. The accused must be informed that confession is not compulsory

Before recording a confession, the Magistrate must explain that the person:

• is not bound to make a confession; and
• if a confession is made, it may be used as evidence against him.

The purpose is to ensure that the accused understands the legal consequences of confessing.

2. The confession must be voluntary

The Magistrate must question the person before recording the confession.

The Magistrate must have reason to believe that the confession is being made voluntarily.

A confession obtained through coercion, threat, inducement or improper influence cannot be treated as a properly recorded voluntary confession under this procedure.

3. Refusal to confess protects the accused from police custody

Section 183(3) provides an important safeguard.

If, before the confession is recorded, the person appearing before the Magistrate states that he is not willing to make the confession, the Magistrate shall not authorise the detention of that person in police custody.

Thus, refusal to confess cannot itself become a basis for authorising police custody under this provision.

Procedure for Recording a Confession

Section 183(4) provides that a confession shall be recorded in the manner provided under Section 316 BNSS for recording the examination of an accused person.

The confession must also be:

• signed by the person making it; and
• accompanied by the memorandum required to be made by the Magistrate.

The Magistrate’s memorandum records, among other matters, that:

• the person was informed that he was not bound to confess;
• the person was informed that the confession could be used as evidence against him;
• the Magistrate believed that the confession was voluntarily made;
• the confession was taken in the Magistrate’s presence and hearing;
• it was read over to the person;
• the person admitted it to be correct; and
• it contained a full and true account of the statement made by him.

The Magistrate signs the memorandum.

Recording of Statements Other Than Confessions

Section 183(5) deals with statements that are not confessions.

Such a statement is recorded in the manner provided for recording evidence that, in the opinion of the Magistrate, is best suited to the circumstances of the case.

The Magistrate also has the power to administer an oath to the person whose statement is being recorded.

This is an important distinction:

• a confession is subject to the special safeguards prescribed for confessions;
• a non-confessional statement is recorded according to the procedure applicable to the recording of evidence.

Special Protection in Certain Offences

Section 183(6)(a) creates additional safeguards in specified offences under the Bharatiya Nyaya Sanhita, 2023.

These include offences under BNS Sections 64, 65, 66, 67, 68, 69, 70, 71, 74, 75, 76, 77, 78, 79 and 124.

In such cases, the Magistrate shall record the statement of the person against whom the offence has been committed as soon as the commission of the offence is brought to the notice of the police.

Woman Magistrate

As far as practicable, the statement should be recorded by a woman Magistrate.

In her absence, it may be recorded by a male Magistrate in the presence of a woman.

This requirement provides an additional safeguard in sensitive offences, particularly offences involving sexual violence.

Serious Offences Punishable With Ten Years, Life Imprisonment or Death

Where the offence is punishable with:

• imprisonment for ten years or more;
• imprisonment for life; or
• death,

the Magistrate shall record the statement of the witness brought before him by the police officer.

This provision extends the judicial recording mechanism beyond the specifically enumerated offences.

Statements of Persons With Mental or Physical Disability

Section 183(6)(a) contains specific safeguards where the person making the statement is temporarily or permanently, mentally or physically disabled.

The Magistrate must take the assistance of:

• an interpreter; or
• a special educator,

as required for recording the statement.

The statement, with the assistance of the interpreter or special educator, is to be recorded through audio-video electronic means, preferably by mobile phone.

This ensures that disability does not prevent the person’s account from being properly recorded.

Special Evidentiary Effect of the Statement

Section 183(6)(b) gives special significance to a statement recorded under Section 183(6)(a) when the maker is temporarily or permanently mentally or physically disabled.

Such a statement is treated as a statement in lieu of examination-in-chief under Section 142 of the Bharatiya Sakshya Adhiniyam, 2023.

Consequently, the maker can be cross-examined on that statement without requiring the same examination-in-chief to be recorded again at the time of trial.

This is a significant procedural safeguard for vulnerable witnesses.

Forwarding of the Recorded Confession or Statement

Under Section 183(7), the Magistrate who records the confession or statement must forward it to the Magistrate by whom the case is to be inquired into or tried.

The provision therefore ensures that the judicially recorded material reaches the court responsible for the subsequent proceedings.

Powers and Duties of the Magistrate

The Magistrate has the power to:

• record confessions;
• record statements;
• record them even when the Magistrate does not have jurisdiction to try the case, provided the statutory district requirement is satisfied;
• use audio-video electronic means in accordance with Section 183;
• administer oath when recording a statement other than a confession;
• question the person before recording a confession to determine voluntariness;
• take assistance of an interpreter or special educator where required.

The Magistrate has corresponding duties to:

• explain that confession is not compulsory;
• explain its possible use as evidence;
• satisfy himself that the confession is voluntary;
• refrain from recording a confession where voluntariness is not established;
• refrain from authorising police custody where the person declines to confess;
• make the prescribed memorandum after recording a confession;
• forward the recorded material to the Magistrate conducting the inquiry or trial.

Rights and Safeguards of the Accused

Section 183 provides important procedural safeguards to an accused:

• The accused cannot be compelled to confess under this provision.
• The accused must be informed that he is not bound to confess.
• The accused must be informed that the confession may be used as evidence against him.
• The Magistrate must satisfy himself that the confession is voluntary.
• If the accused declines to confess before recording, the Magistrate cannot authorise his detention in police custody on that basis.
• A confession must be formally recorded and signed in accordance with Section 183(4).

These safeguards operate alongside the constitutional protection against compelled self-incrimination under Article 20(3) of the Constitution.

Relationship With the Bharatiya Sakshya Adhiniyam, 2023

Section 183 is primarily a procedural provision. It establishes how a confession or statement is to be recorded by a Magistrate.

Questions concerning the evidentiary admissibility and effect of confessions are primarily governed by the Bharatiya Sakshya Adhiniyam, 2023.

Therefore, Section 183 should not be treated as a complete statement of the law governing the admissibility of every confession.

The distinction is:

• BNSS governs the procedure for recording the confession or statement.
• BSA governs the law of evidence concerning its admissibility and evidentiary effect.

Important Distinctions

Confession and Statement

A confession involves an admission by an accused concerning his involvement in an offence. A statement under Section 183 is broader and may be made by a witness, victim or other person.

Police Statement and Magistrate-Recorded Statement

A statement recorded by the police during investigation is governed principally by Section 180 and Section 181 BNSS.

A statement recorded by a Magistrate under Section 183 receives judicial supervision and is subject to the safeguards prescribed by that section.

Police Confession and Magistrate-Recorded Confession

A confession made to a police officer is subject to the restrictions imposed by the Bharatiya Sakshya Adhiniyam, 2023.

Section 183 provides the judicial procedure for recording a confession before a Magistrate and expressly prevents a police officer exercising magisterial powers from recording such a confession.

Confession and Non-Confessional Statement

A confession under Section 183(4) is recorded according to the procedure prescribed for examination of an accused and must be signed by the maker.

A statement other than a confession is governed by Section 183(5), under which the Magistrate may administer oath and record it in the manner best suited to the circumstances.

BNSS and CrPC

Section 183 BNSS corresponds substantially to Section 164 of the CrPC, 1973.

The basic framework continues: a Magistrate records confessions and statements during investigation or before commencement of inquiry or trial, with safeguards concerning voluntariness.

However, BNSS makes several changes.

First, Section 183(1) expressly identifies a Magistrate of the district in which the information regarding commission of the offence has been registered, and permits that Magistrate to record the confession or statement even without jurisdiction over the case.

Second, BNSS expressly permits recording through audio-video electronic means in the presence of the advocate of the accused.

Third, Section 183(6) introduces detailed provisions concerning specified BNS offences, serious offences, women Magistrates, witnesses and persons with temporary or permanent mental or physical disabilities.

Fourth, the BNSS provision specifically connects the statement of a mentally or physically disabled person with its treatment as a statement in lieu of examination-in-chief under the Bharatiya Sakshya Adhiniyam, 2023.

Thus, Section 183 is not merely a renumbering of Section 164 CrPC; it contains substantive procedural modifications.

Constitutional Connection

Article 20(3)

Article 20(3) protects an accused from being compelled to be a witness against himself.

The requirement under Section 183 that the accused be informed that he is not bound to confess and that the confession must be voluntary is consistent with this constitutional protection.

Article 21

The safeguards surrounding voluntariness, judicial supervision and protection against coercive methods also relate to the broader guarantee of fair procedure and personal liberty under Article 21.

Common Confusions

Can an accused be forced to make a confession before a Magistrate?

No.

Section 183 expressly requires the Magistrate to explain that the person is not bound to make a confession.

Can a police officer with magisterial powers record a confession under Section 183?

No.

Section 183 specifically prohibits a police officer on whom powers of a Magistrate have been conferred from recording a confession.

Is every statement under Section 183 a confession?

No.

Section 183 separately deals with confessions and statements that are not confessions.

Can a Magistrate record a confession even without jurisdiction to try the case?

Yes.

The Magistrate of the district where information regarding the offence has been registered may record the confession or statement even if the Magistrate does not have jurisdiction in the case.

What happens if the person refuses to confess?

The Magistrate cannot authorise the detention of that person in police custody merely after the person has stated that he is unwilling to make the confession.

Can Section 183 statements be recorded electronically?

Yes.

The provision permits audio-video electronic recording, and specifically requires such recording for the statement of a temporarily or permanently mentally or physically disabled person under the circumstances specified in Section 183(6).

Topic at a Glance

• Topic: Recording of confessions and statements
• BNSS Section: Section 183
• Corresponding CrPC provision: Section 164
• Recording authority: Magistrate of the relevant district
• Timing: During investigation or before commencement of inquiry or trial
• Confession: Must be voluntary
• Mandatory warning: Person must be told that confession is not compulsory and may be used as evidence
• Refusal to confess: Police custody cannot be authorised on that basis under Section 183(3)
• Electronic recording: Permitted through audio-video electronic means in the circumstances specified
• Special protection: Victims and witnesses in specified BNS offences
• Disability safeguard: Interpreter or special educator and audio-video recording
• Special evidentiary treatment: Certain statements of disabled persons may serve in lieu of examination-in-chief
• Final transmission: Record must be forwarded to the Magistrate conducting the inquiry or trial

Quick Revision

1. Section 183 BNSS deals with recording of confessions and statements.
2. It substantially corresponds to Section 164 CrPC.
3. A Magistrate of the district where the offence information has been registered may record the confession or statement, even without jurisdiction to try the case.
4. The recording may take place during investigation or before commencement of inquiry or trial.
5. The Magistrate must explain that the person is not bound to confess.
6. The Magistrate must also explain that the confession may be used as evidence against the person.
7. A confession can be recorded only when the Magistrate has reason to believe that it is voluntary.
8. If the person refuses to confess, the Magistrate shall not authorise police custody under Section 183(3).
9. A confession must be recorded according to Section 316 BNSS and signed by the maker.
10. A non-confessional statement is recorded under Section 183(5), and the Magistrate may administer oath.
11. Section 183(6) provides special safeguards for specified BNS offences and serious offences.
12. Statements of persons with temporary or permanent mental or physical disabilities require assistance of an interpreter or special educator and audio-video recording in the circumstances specified.
13. Certain such statements are treated as statements in lieu of examination-in-chief under Section 142 BSA.
14. The Magistrate must forward the recorded confession or statement to the Magistrate who will conduct the inquiry or trial.
15. Section 183 must be read together with the Bharatiya Sakshya Adhiniyam, 2023 for questions concerning evidentiary admissibility and effect.

ALSO READ: Section 182 – No inducement to be offered

Conclusion

Section 183 of the BNSS places the recording of important confessions and statements under judicial supervision. Its central safeguard is voluntariness: an accused must understand that confession is not compulsory and that a confession may be used against him. The provision further strengthens procedural protection through audio-video recording and special mechanisms for victims, witnesses and persons with disabilities. Its modifications to the earlier Section 164 CrPC framework make Section 183 an important part of the BNSS investigation and evidence-related procedure.