Section 183 of BNSS : Section 183: Recording of confessions and statements.

Explanation using Example

Example 1:

Scenario: A theft has occurred in a small village in Maharashtra. The police have arrested a suspect, Ramesh, and during the investigation, Ramesh confesses to the crime.

Application of Section 183:

1. Recording the Confession: The police take Ramesh to the nearest Magistrate in the district. The Magistrate, even though he may not have jurisdiction over the case, records Ramesh's confession.
2. Voluntariness Check: Before recording, the Magistrate explains to Ramesh that he is not obligated to confess and that his confession can be used as evidence against him. The Magistrate ensures that Ramesh is making the confession voluntarily.
3. Audio-Video Recording: Ramesh's confession is recorded using audio-video electronic means in the presence of his advocate.
4. Documentation: The confession is documented as per the legal requirements, and Ramesh signs the confession. The Magistrate adds a memorandum confirming that the confession was made voluntarily and was read back to Ramesh for accuracy.
5. Forwarding the Confession: The recorded confession is then forwarded to the Magistrate who will be handling the trial.

Example 2:

Scenario: A woman, Priya, is a victim of domestic violence in Delhi. She reports the incident to the police, and the police bring her to a Magistrate to record her statement.

Application of Section 183:

1. Recording the Statement: The police bring Priya to a woman Magistrate, as far as practicable, to record her statement. If a woman Magistrate is not available, a male Magistrate records the statement in the presence of a woman.
2. **Special Circum...

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