What Is Section 183 Of Bnss?

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Mar 16 min read

In Criminal Law, A Confession Is One Of The Most Potent Pieces Of Evidence. It Is An Admission By The Accused Acknowledging Their Involvement In A Crime. However, To Ensure That Confessions Are Made Voluntarily And Under Proper Conditions, Laws Regulate How These Confessions Should Be Recorded And Used In Court. In India, Section 183 Of Bnss (Bharatiya Nyay Sanhita Sudhar) Lays Down The Procedure For Recording Confessions And Statements Of The Accused, Making Sure That The Process Is Fair, Transparent, And Upholds The Rights Of The Accused.

Section 183 Of Bnss Mirrors The Provisions Of Section 164 Of The Criminal Procedure Code (Cr.P.C.), With A Focus On Ensuring The Confession Is Made Without Coercion And In An Appropriate Environment. This Article Will Explain Section 183 Of Bnss In Detail, Outlining Its Provisions And Their Importance In The Criminal Justice System.

What Is Section 183 Of Bnss?

Section 183 Of Bnss Governs The Recording Of Confessions And Statements By A Judicial Magistrate During The Investigation Phase Of A Criminal Case. It Includes Specific Guidelines To Ensure That The Confession Process Is Voluntary And Free From Coercion, And That The Accused Is Fully Aware Of Their Rights. These Safeguards Ensure That Any Confession Made Can Be Used As Reliable Evidence In The Trial.

Below Is A Breakdown Of The Key Provisions Of Section 183 Of Bnss.

Key Provisions Of Section 183 Of Bnss

1. Section 183(1): Power To Record Confessions And Statements

Jurisdiction: Section 183(1) Empowers A Magistrate From Any District In Which Information About An Offense Has Been Registered To Record Confessions And Statements Made By The Accused During The Investigation. Importantly, It Is Not Necessary For The Magistrate To Have Jurisdiction Over The Trial Of The Case.
Recording Process: The Section Mandates That Confessions Should Be Recorded Using Audio-Video Electronic Means, Providing A Clear And Verifiable Record Of The Confession. Additionally, The Presence Of The Accused's Advocate During The Recording Is Required.
Prohibition On Police Officers Recording Confessions: The Proviso To This Section Specifies That A Police Officer With Any Magistrate Powers Cannot Record A Confession, Ensuring That The Confession Is Recorded By An Impartial Authority.

2. Section 183(2): Voluntariness Of The Confession

Duty Of The Magistrate: Before Recording The Confession, The Magistrate Must Ensure That The Accused Understands That They Are Not Obligated To Confess And That The Confession May Be Used Against Them In Court. The Magistrate Must Have Reasonable Belief That The Confession Is Made Voluntarily And Without Duress.
Assurance To The Accused: The Magistrate Must Explain To The Accused That The Confession Is Not Mandatory, Reinforcing The Principle That A Confession Must Be Made Freely And Without Coercion.

3. Section 183(3): Refusal To Make Confession

Right To Refuse Confession: If The Accused States That They Do Not Wish To Confess, The Magistrate Must Respect Their Decision. In This Case, The Magistrate Cannot Authorize The Accused’s Detention In Police Custody For The Sole Purpose Of Obtaining A Confession. This Provision Safeguards The Accused From Involuntary Coercion.

4. Section 183(4): Method Of Recording Confession

Formal Procedure: The Confession Must Be Recorded In A Manner That Is Consistent With Section 316 Of Bnss, Which Outlines The Procedure For Recording The Examination Of The Accused. The Accused Is Required To Sign The Confession, And The Magistrate Must Provide A Memorandum Of The Confession, Which Serves As An Official Record Of The Process.

5. Section 183(5): Recording Of Statements (Non-Confessions)

Non-Confession Statements: Section 183(5) Specifies That If A Statement Made By A Person Is Not A Confession, It Must Be Recorded According To The Procedures For Recording Evidence. The Magistrate Is Required To Administer An Oath To The Person Making The Statement Before Recording It, Ensuring The Integrity Of The Evidence.

6. Section 183(6): Recording Statements In Specific Offenses

Offenses Covered: If The Offense Is Punishable Under Sections 64 To 79 Of The Bharatiya Nyay Sanhita, 2023, Such As Serious Offenses With Long Sentences (Including Organized Crime, Terrorism, And Offenses Involving Violence), The Magistrate Is Required To Record The Statement Immediately After The Offense Has Been Reported To The Police.
Involvement Of Women And Disabled Individuals: In Cases Involving Vulnerable Groups:
- A Woman Magistrate Or The Presence Of A Woman Is Mandatory If The Statement Involves A Female.
- For Mentally Or Physically Disabled Persons, The Magistrate May Involve An Interpreter Or Special Educator To Ensure The Individual’s Statement Is Recorded Accurately.
Audio-Video Recording: Statements Made By Individuals With Mental Or Physical Disabilities Must Be Recorded Using Audio-Video Means To Ensure Clarity And Authenticity.

7. Section 183(7): Forwarding Of Confessions And Statements

Forwarding To Trial Magistrate: After A Confession Or Statement Is Recorded, The Magistrate Who Recorded The Confession Must Forward The Recorded Confession Or Statement To The Magistrate Who Will Inquire Into Or Try The Case. This Ensures That The Statement Is Properly Incorporated Into The Trial Process.

Evidentiary Value Of Confessions

A Confession Holds Substantial Evidentiary Value In The Criminal Justice System. Under Indian Law, It Is Considered A Substantive Piece Of Evidence, Meaning That It Can Be Used As A Direct Form Of Proof Against The Accused. However, For A Confession To Be Admissible In Court, It Must Meet Several Criteria:

It Must Be Voluntary, Without Any Coercion Or Duress.
The Accused Must Be Informed That The Confession Can Be Used Against Them.
The Confession Must Be Properly Recorded And Signed By The Accused.

If These Conditions Are Met, A Confession Can Play A Pivotal Role In Securing A Conviction.

Impact Of Section 183 Of Bnss

Section 183 Of Bnss Introduces Several Important Safeguards And Procedural Reforms To Protect The Rights Of The Accused And Ensure The Fairness Of The Criminal Justice Process:

Voluntariness And Protection Of Rights: The Section Emphasizes The Voluntary Nature Of Confessions And Ensures That The Accused Is Informed Of Their Rights, Helping Prevent Forced Confessions And Coercive Interrogation Practices.
Use Of Technology: The Provision Requiring Audio-Video Recording Of Confessions Adds Transparency And Ensures That Confessions Are Documented In A Verifiable Manner, Reducing The Possibility Of Manipulation Or Abuse.
Special Consideration For Vulnerable Groups: The Section’s Provisions Regarding Women And Mentally Or Physically Disabled Individuals Reflect A More Inclusive Approach To Justice, Ensuring That Vulnerable People Are Treated With Respect During The Investigation Process.
Clear Legal Process: Section 183 Also Establishes A Clear And Structured Process For Recording Confessions And Statements, Which Reduces The Potential For Discrepancies Or Legal Challenges During Trial.

Conclusion

Section 183 Of Bnss Is A Crucial Part Of The Criminal Justice System, Ensuring That Confessions And Statements Are Made Fairly And Voluntarily, With Proper Safeguards For The Rights Of The Accused. By Laying Down Specific Procedures For Recording Confessions, Providing For Audio-Video Documentation, And Offering Special Protections For Vulnerable Individuals, This Section Strengthens The Integrity Of The Criminal Investigation Process.

It Enhances Transparency And Accountability, Ensuring That Confessions Can Be Used As Reliable Evidence While Maintaining The Fairness Of The Legal System.

Faqs On Section 183 Of Bnss

Q1: What Is The Main Purpose Of Section 183 Of Bnss?

Section 183 Of Bnss Governs The Recording Of Confessions And Statements By A Magistrate, Ensuring That They Are Made Voluntarily, Under Proper Conditions, And Can Be Used As Admissible Evidence In Court.

Q2: Can A Confession Be Recorded By A Police Officer Under Section 183 Of Bnss?

No, A Police Officer Cannot Record A Confession. The Confession Must Be Recorded By A Judicial Magistrate To Ensure Fairness And Impartiality.

Q3: Are Confessions Recorded By Audio-Video Means Under Section 183?

Yes, Confessions Must Be Recorded Using Audio-Video Electronic Means, Providing A Clear And Verifiable Record Of The Process.

Q4: What Protections Are Provided For Vulnerable Individuals Under Section 183?

Section 183 Ensures That Women And Mentally Or Physically Disabled Individuals Are Treated With Special Care, Including The Presence Of Female Officers Or Interpreters And Recording Statements Through Audio-Video Means.

Q5: How Does Section 183 Affect The Admissibility Of Confessions In Court?

Confessions Recorded Under Section 183 Are Admissible In Court As Substantive Evidence, Provided They Are Made Voluntarily And In Compliance With The Prescribed Legal Procedures.

For Legal Assistance And Further Clarification On Issues Related To Confessions And Statements, You Can Contact Lead India, Which Offers Free Legal Advice And Online Consultation With Experienced Lawyers.