Section 183 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
I apologize for any confusion earlier. Upon reviewing the available information, it appears that Section 183 of the Bharatiya Sakshya Adhiniyam (BSA), 2023, pertains to the recording of confessions and statements during criminal investigations.
📜 Section 183: Recording of Confessions and Statements
Provision:
Section 183 outlines the procedure for recording confessions and statements made during the course of an investigation under the Bharatiya Nagarik Suraksha Sanhita, 2023, or any other applicable law.(indiankanoon.org)
Key Points:
Jurisdiction of Magistrate:
A Magistrate from the district where the offense has been registered may record confessions or statements, regardless of whether they have jurisdiction over the case.
Recording Methods:
Confessions or statements can be recorded in writing or through audio-video electronic means, provided the accused's advocate is present during the recording.(indiankanoon.org)
Prohibition on Police Recording:
No confession shall be recorded by a police officer on whom any power of a Magistrate has been conferred under any law.(indiankanoon.org)
Magistrate's Responsibilities:
Before recording a confession, the Magistrate must explain to the person that they are not obligated to make a confession and that it may be used as evidence against them.
The Magistrate must ensure that the confession is made voluntarily.
If the person indicates unwillingness to confess, the Magistrate shall not authorize their detention in police custody.(indiankanoon.org)
Recording Procedure:
Confessions must be recorded in the manner prescribed under Section 316 for recording the examination of an accused person.
The person making the confession must sign the record, and the Magistrate must make a memorandum confirming the voluntary nature of the confession.(indiankanoon.org)
Recording of Statements:
Statements, other than confessions, should be recorded in a manner best suited to the circumstances of the case.
The Magistrate has the authority to administer an oath to the person whose statement is recorded.(indiankanoon.org)
Special Provisions for Certain Offenses:
In cases involving specific offenses punishable under the Bharatiya Nyaya Sanhita, 2023, the Magistrate is required to record the statement of the person against whom the offense has been committed as soon as the commission of the offense is brought to the notice of the police.
Such statements should, as far as practicable, be recorded by a woman Magistrate in the presence of a woman.
If the person making the statement is mentally or physically disabled, the Magistrate shall take the assistance of an interpreter or special educator in recording the statement.
Statements made by disabled individuals, with assistance, may be recorded through audio-video electronic means and considered in lieu of examination-in-chief during trial.(indiankanoon.org)
Forwarding of Records:
The Magistrate recording a confession or statement must forward it to the Magistrate by whom the case is to be inquired into or tried.(indiankanoon.org)
Purpose:
The provisions aim to ensure that confessions and statements are recorded in a manner that safeguards the rights of individuals, prevents coercion, and maintains the integrity of the judicial process.
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