Introduction
Judicial confessions can be recorded under Section 183 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and in this article, we are going to see a detailed explainer of the section and the concept of confessions under BNSS
1. Recording Authority:
- Any Magistrate in the district where the offence is registered has the authority to record confessions.
- This jurisdiction is applicable whether or not the Magistrate has authority over the case.
2. Presence of Advocate:
- Confessions or statements can be recorded in the presence of the advocate of the accused.
- Police officers endowed with Magistrate powers are explicitly barred from recording confessions.
3. Voluntariness:
- Before recording a confession, the Magistrate must explain to the person making it that it is not obligatory.
- Ensuring voluntariness is crucial, and the Magistrate should do so through questioning before recording the confession.
4. Refusal to Confess:
- If, at any point before recording, the person expresses unwillingness to confess, the Magistrate is prohibited from authorizing police custody.
Watch JudiX’s 1 minute video lecture on Judicial and Extra Judicial confessions under BNSS
5. Recording Procedure:
- Confessions follow the procedure outlined in section 316 BNSS, designed for examining an accused during an investigation or trial.
- The record includes a memorandum that verifies the voluntariness of the confession, acknowledgment, and correctness, which is signed by the person making the confession.
6. Statement Recording:
- Statements (other than confessions) are recorded in a manner best suited to the circumstances, as determined by the Judicial Magistrate under Section 193 of BNSS.
- The Magistrate has the authority to administer oaths during the recording of such statements.
7. Special Considerations:
- Statements of mentally or physically disabled individuals may be recorded with the assistance of an interpreter or a special educator.
- Audio-video electronic means, preferably a cell phone, can be used for recording statements in such cases.
8. Consideration as Examination-in-Chief:
- Statements of mentally or physically disabled persons, recorded under specific conditions, are considered a statement in lieu of examination-in-chief during the trial.
- This means that the maker of the statement can be cross-examined based on the recorded statement without the need to re-record it at the time of the trial.
10. Forwarding to Inquiring Magistrate:
- The Magistrate recording a confession or statement is required to forward it to the Magistrate responsible for the case's inquiry or trial.
Frequently Asked Questions (FAQs) on confessions under BNSS:
1. What is the authority of recording confessions under Section 183 BNSS?
- Any Magistrate in the district where the offence is registered has the authority, regardless of jurisdiction.
2. Can confessions be recorded in the presence of the accused's advocate?
- Yes, confessions or statements can be recorded in the presence of the advocate of the person accused of an offence.
3. Are police officers allowed to record confessions under Section 183 BNSS?
- No, police officers on whom any power of a Magistrate has been conferred are prohibited from recording confessions.
4. What is the significance of ensuring voluntariness in confessions?
- The Magistrate must explain to the person making the confession that it is not obligatory, and questioning ensures the confession is made voluntarily.
5. What happens if a person refuses to confess before recording?
- If the person states unwillingness to confess before recording, the Magistrate is prohibited from authorizing police custody.
6. How are confessions recorded under Section 183 BNSS?
- Confessions are recorded following the procedure outlined in section 316, designed for examining an accused during an investigation or trial.
7. How are statements (other than confessions) recorded under Section 183 BNSS?
- Statements are recorded in a manner best suited to the circumstances, as determined by the Judicial Magistrate, with the authority to administer oaths.
8. How are statements of mentally or physically disabled individuals handled during recording?
- The Magistrate may take the assistance of an interpreter or a special educator, and the statement can be recorded through audio-video electronic means.
10. What is the status of statements recorded under specific conditions during trial?
- Statements of mentally or physically disabled persons, recorded under specific conditions, are considered a statement in lieu of examination-in-chief during the trial.
11. What is the requirement after recording a confession or statement under Section 183 BNSS?
- The Magistrate recording a confession or statement is required to forward it to the Magistrate responsible for the case's inquiry or trial.
Notes on confessions under BNSS: All you need to know
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