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 Circumstances: Priya is temporarily disabled due to injuries from the violence. The Magistrate uses the assistance of a special educator to help Priya communicate her statement.
3. Audio-Video Recording: Priya's statement is recorded through audio-video electronic means, preferably using a mobile phone.
4. Documentation: The statement is documented in a manner best suited to the circumstances, and the Magistrate administers an oath to Priya before recording her statement.
5. Forwarding the Statement: The recorded statement is forwarded to the Magistrate who will be handling the trial.

Example 3:

Scenario: A mentally disabled person, Anil, witnesses a murder in Uttar Pradesh. The police need to record his statement as part of the investigation.

Application of Section 183:

1. Recording the Statement: The police bring Anil to a Magistrate to record his statement. Given Anil's mental disability, the Magistrate takes the assistance of an interpreter.
2. Audio-Video Recording: Anil's statement is recorded through audio-video electronic means with the help of the interpreter.
3. Documentation: The statement is documented as per the legal requirements, and the Magistrate ensures that Anil's statement is accurately recorded with the interpreter's assistance.
4. Use in Trial: Anil's recorded statement is considered as his examination-in-chief, meaning it can be used directly in the trial, and Anil can be cross-examined based on this statement without needing to record it again during the trial.
5. Forwarding the Statement: The recorded statement is forwarded to the Magistrate who will be handling the trial.

Example 4:

Scenario: A case of cyber fraud is reported in Bangalore. The police arrest the suspect, Suresh, and during the investigation, Suresh makes a statement denying the charges.

Application of Section 183:

1. Recording the Statement: The police take Suresh to the nearest Magistrate in the district. The Magistrate records Suresh's statement, even though it is not a confession.
2. Voluntariness Check: The Magistrate ensures that Suresh is making the statement voluntarily and administers an oath to Suresh before recording his statement.
3. Documentation: The statement is documented in a manner best suited to the circumstances, and Suresh signs the statement.
4. Forwarding the Statement: The recorded statement is forwarded to the Magistrate who will be handling the trial.