BNS Section 183
Recording of Statement Under Section 183 of BNS
Under Section 183 of the Bharatiya Nagarik Suraksha Sanhita (BNS), 2023, a magistrate is empowered to record the statement or confession of an accused person or a witness who can provide valuable information. This statement, recorded in front of the magistrate, is admissible as evidence, unlike those made to the police.
Need for Recording a Statement:
- To prevent witnesses from altering their statements later.
- It can be used for cross-examination to challenge and discredit the witness’s evidence in court.
Overview
Under the Bharatiya Nagarik Suraksha Sanhita (BNS), 2023, statements can be recorded in two ways: by a police officer (Section 175) or by a Magistrate (Section 183). This article focuses on the process and importance of recording statements under Section 183.
Section 183 allows for the recording of statements when an investigation officer forwards the complainant’s statement to the Magistrate or when the complainant approaches the Magistrate independently. The article discusses the scope and objectives of this provision, the evidentiary value of such statements, and the specific procedures for recording statements of sexual assault victims.
Description
Statement Recording Under Section 183 of BNSS
The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, outlines the process for recording statements, which can be done either by the police (Section 175) or by a Magistrate (Section 183). This section specifically deals with the procedure for recording statements from complainants, either when the investigation officer forwards the statement or when the complainant directly approaches the Magistrate. Additionally, the section defines the evidentiary value of such statements and includes special provisions for recording statements from victims of sexual assault.
Scope and Objective of Recording Statements Under Section 183
Section 183 defines the process for recording statements and confessions, clarifying that not all statements are confessions unless they include an admission of guilt. The section also covers how statements from mentally or physically disabled individuals should be recorded. It emphasizes that statements recorded by a Magistrate, especially in cases of sexual offenses, cannot be used as evidence unless voluntarily made by the accused.For sexual offenses or under Section 354 of the Bharatiya Nyaya Sanhita, statements must be recorded by a Judicial Magistrate. If a confession is made to a Magistrate, it must be forwarded to the relevant Magistrate for trial. The section also aims to prevent witnesses from altering their statements and ensures that these statements cannot be used against them under Section 175.
Evidentiary Value of Statements and Confessions
Confessions or statements recorded under Section 183 are not considered substantive evidence on their own. However, they can be used to corroborate or contradict testimony during trial, as per Section 145 of the Bharatiya Sakshya Adhiniyam (Evidence Act). Before recording a confession, the Magistrate must ensure that the accused understands they are not compelled to confess. A voluntarily made confession can be used as evidence, but a retracted confession may still hold if supported by independent evidence.The court must assess whether the confession was made voluntarily, considering the mental state of the accused at the time. If the confession is retracted, the court must provide reasons for accepting or rejecting it.
Recording of Statements in Sexual Assault Cases
Under the 2013 amendment, Section 183(5A) mandates that the statement of a sexual assault victim be recorded immediately after the incident is reported to the police. The victim must be taken to the nearest Judicial Magistrate for this purpose. In cases where the victim is mentally or physically disabled, an interpreter or special educator must assist in the process, and the recording must be video-graphed to ensure accuracy.
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