Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XIII: Information to the Police and Their Powers to Investigate
Section 183: Recording of confessions and statements
In plain words
Any Magistrate of the district where the case was registered can record a confession or statement made during an investigation, or afterwards before the inquiry or trial begins, even without jurisdiction over the case. It can be recorded on audio-video in the presence of the accused's advocate.
- Before recording a confession, the Magistrate must explain that the person need not confess and that it may be used against them, and must believe it is voluntary. A police officer with Magistrate powers cannot record confessions.
- If the person says they do not want to confess, the Magistrate cannot send them to police custody.
- In rape, sexual assault, acid attack and other listed cases, the victim's statement must be recorded by a Magistrate as soon as the police learn of the offence, by a woman Magistrate where practicable.
- For a disabled person, an interpreter or special educator assists, the statement is recorded on audio-video, and it can stand in for their examination-in-chief at trial.
- In cases of offences punishable with ten years or more, imprisonment for life or death, the Magistrate must record the statement of any witness the police bring.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Read the in-depth explanation, with key Supreme Court rulings ↓
Official text
(1) Any Magistrate of the District in which the information about commission of any offence has been registered, may, whether or not he has jurisdiction in the case, record any confession or statement made to him in the course of an investigation under this Chapter or under any other law for the time being in force, or at any time afterwards but before the commencement of the inquiry or trial:
Provided that any confession or statement made under this sub-section may also be recorded by audiovideo electronic means in the presence of the advocate of the person accused of an offence:
Provided further that no confession shall be recorded by a police officer on whom any power of a Magistrate has been conferred under any law for the time being in force.
(2) The Magistrate shall, before recording any such confession, explain to the person making it that he is not bound to make a confession and that, if he does so, it may be used as evidence against him; and the Magistrate shall not record any such confession unless, upon questioning the person making it, he has reason to believe that it is being made voluntarily.
(3) If at any time before the confession is recorded, the person appearing before the Magistrate states that he is not willing to make the confession, the Magistrate shall not authorise the detention of such person in police custody.
(4) Any such confession shall be recorded in the manner provided in section 316 for recording the examination of an accused person and shall be signed by the person making the confession; and the Magistrate shall make a memorandum at the foot of such record to the following effect:—
"I have explained to (name) that he is not bound to make a confession and that, if he does so, any confession he may make may be used as evidence against him and I believe that this confession was voluntarily made. It was taken in my presence and hearing, and was read over to the person making it and admitted by him to be correct, and it contains a full and true account of the statement made by him. (Signed) A. B.
Magistrate.".
(5) Any statement (other than a confession) made under sub-section (1) shall be recorded in such manner hereinafter provided for the recording of evidence as is, in the opinion of the Magistrate, best fitted to the circumstances of the case; and the Magistrate shall have power to administer oath to the person whose statement is so recorded.
(6) (a) In cases punishable under section 64, section 65, section 66, section 67, section 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77, section 78, section 79 or section 124 of the Bharatiya Nyaya Sanhita, 2023, the Magistrate shall record the statement of the person against whom such offence has been committed in the manner specified in sub-section (5), as soon as the commission of the offence is brought to the notice of the police:
Provided that such statement shall, as far as practicable, be recorded by a woman Magistrate and in her absence by a male Magistrate in the presence of a woman:
Provided further that in cases relating to the offences punishable with imprisonment for ten years or more or with imprisonment for life or with death, the Magistrate shall record the statement of the witness brought before him by the police officer:
Provided also that if the person making the statement is temporarily or permanently, mentally or physically disabled, the Magistrate shall take the assistance of an interpreter or a special educator in recording the statement:
Provided also that if the person making the statement is temporarily or permanently, mentally or physically disabled, the statement made by the person, with the assistance of an interpreter or a special educator, shall be recorded through audio-video electronic means preferably by mobile phone;
(b) a statement recorded under clause (a) of a person, who is temporarily or permanently, mentally or physically disabled, shall be considered a statement in lieu of examination-in-chief, as specified in section 142 of the Bharatiya Sakshya Adhiniyam, 2023 such that the maker of the statement can be cross-examined on such statement, without the need for recording the same at the time of trial.
(7) The Magistrate recording a confession or statement under this section shall forward it to the Magistrate by whom the case is to be inquired into or tried.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 12 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Understanding this section
Section 183 carries forward section 164 of the CrPC: recording of confessions and statements by a Magistrate during investigation. One change: any Magistrate of the district where the information was registered can record it, whether or not he has jurisdiction in the case.
Safeguards for confessions
- The Magistrate must explain that there is no obligation to confess and that the confession may be used against the person.
- He must have reason to believe it is voluntary.
- If the person declines, he cannot be sent to police custody.
- It may be recorded by audio-video means in the presence of the accused's advocate.
- A police officer with magisterial powers cannot record a confession.
Witness statements
A witness statement under this section is not substantive evidence but can corroborate or contradict the witness. For certain sexual offences the statement of the victim must be recorded by a Magistrate, preferably a woman Magistrate where available.
Retracted confessions
A confession later retracted may still be relied on, but courts generally look for corroboration before acting on it.
Key Supreme Court rulings
Vijaya Singh v. State of Uttarakhand 2024 INSC 905
Decided under section 164 of the CrPC. Such a statement is not substantive evidence but can be used for corroboration and contradiction, and is meant to deter the witness from changing his stand.
Common mistakes
- Treating a witness statement under this section as substantive evidence.
Read with: Section 180 BNSS, Section 23 BSA, Section 164 CrPC
Prepared with AI assistance as a study aid. Every ruling listed was checked against the Supreme Court's own judgments on this site, and quoted words appear in those judgments; linked names open the full judgment. Read the judgments themselves before relying on them. Not legal advice.
Supreme Court judgments citing the section 183
No Supreme Court judgment in our database cites this section yet.