CrPC 164 to BNSS 183: Recording of confessions and statements
Section 164 CrPC (1973) replaced by Section 183 BNSS (2023)
CrPC 164 to BNSS 183 at a Glance
Section 164 CrPC (Recording of confessions and statements) is now Section 183 BNSS, in force from 1 July 2024. What changed is set out below.
What Changed From CrPC 164 to BNSS 183?
Section 164 of the Code of Criminal Procedure, 1973 became Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The renumbering, the move of Section 164(5A) CrPC and Section 164(6) CrPC to Section 183(6) BNSS and Section 183(7) BNSS, and the updated cross-references are changes of form. In substance, Section 183(1) BNSS ties the power to a Magistrate of the district where the information is registered. The offence list in Section 183(6)(a) BNSS is wider, and new provisos add recording by a woman Magistrate as far as practicable, recording of witnesses in offences punishable with ten years or more, life or death, and audio-video recording preferably by mobile phone for disabled persons.
CrPC 164 vs BNSS 183: Comparison Table
| Aspect | CrPC 1973 (repealed) | BNSS 2023 (in force) |
|---|---|---|
| Section | 164 | 183 |
| Heading | Recording of confessions and statements | Same |
| Sub-sections | 7 sub-sections | Same |
| Cross-references | s.281 | s.316 |
CrPC 164 and BNSS 183: Bare Act Text Side by Side
Section 164, CrPC 1973
Section 183, BNSS 2023
When It Applies: CrPC 164 vs BNSS 183
- Under Section 164(1) of the Code of Criminal Procedure, 1973, any Metropolitan Magistrate or Judicial Magistrate may record a confession or statement made during an investigation under Chapter XII of the Code or under any other law in force, even without jurisdiction in the case, and a proviso allows recording by audio-video electronic means in the presence of the accused person's advocate.
- Before recording a confession under Section 164(2) of the Code of Criminal Procedure, 1973, the Magistrate shall explain to the maker that the maker is not bound to make a confession and that the confession may be used as evidence against the maker, and shall record it only if questioning gives reason to believe it is being made voluntarily.
- Under Section 164(4) of the Code of Criminal Procedure, 1973, a confession shall be recorded in the manner provided in Section 281 CrPC for recording the examination of an accused person, signed by the maker, and followed by the Magistrate's signed memorandum at the foot of the record.
- Under Section 164(5) of the Code of Criminal Procedure, 1973, any statement other than a confession made under Section 164(1) CrPC shall be recorded in the manner provided for recording evidence that is best fitted to the circumstances of the case in the Magistrate's opinion, and the Magistrate has power to administer an oath to the maker.
- In cases punishable under Sections 354, 354A, 354B, 354C, 354D, 376(1), 376(2), 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB, 376E, or 509 of the Indian Penal Code, Section 164(5A)(a) of the Code of Criminal Procedure, 1973 requires the Judicial Magistrate to record the victim's statement in the manner prescribed in Section 164(5) CrPC, and provisos require taking the assistance of an interpreter or a special educator and video graphing the statement when the maker is temporarily or permanently mentally or physically disabled.
- Under Section 164(5A)(b) and Section 164(6) of the Code of Criminal Procedure, 1973, a disabled person's statement recorded under Section 164(5A)(a) CrPC is considered a statement in lieu of examination-in-chief under Section 137 of the Indian Evidence Act, 1872 for cross-examination without recording it again at trial, and the Magistrate recording any confession or statement under Section 164 CrPC shall forward it to the Magistrate inquiring into or trying the case.
- Under Section 183(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, any Magistrate of the district in which information about the commission of an offence is registered may record any confession or statement made during an investigation under Chapter XIII of the Sanhita or under any other law in force, even without jurisdiction in the case, and a proviso allows recording by audio-video electronic means in the presence of the accused person's advocate.
- Under Section 183(2) and Section 183(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Magistrate shall explain before recording a confession that the maker is not bound to confess and that it may be used as evidence, shall record it only if questioning gives reason to believe it is voluntary, and shall record it in the manner provided in Section 316 BNSS with the maker's signature and a signed foot memorandum.
- Under Section 183(5) of the Bharatiya Nagarik Suraksha Sanhita, 2023, any statement other than a confession made under Section 183(1) BNSS shall be recorded in the manner provided for recording evidence that is best fitted to the circumstances of the case in the opinion of the Magistrate, who has power to administer an oath to the maker.
- In cases punishable under Sections 64, 65, 66, 67, 68, 69, 70, 71, 74, 75, 76, 77, 78, 79, or 124 of the Bharatiya Nyaya Sanhita, 2023, Section 183(6)(a) of the Bharatiya Nagarik Suraksha Sanhita, 2023 requires the Magistrate to record the victim's statement in the manner specified in Section 183(5) BNSS, and the first proviso requires that as far as practicable it be recorded by a woman Magistrate or in her absence by a male Magistrate in the presence of a woman.
- Under the second proviso to Section 183(6)(a) of the Bharatiya Nagarik Suraksha Sanhita, 2023, in cases relating to offences punishable with imprisonment for ten years or more, imprisonment for life, or death, the Magistrate shall record the statement of the witness brought before the Magistrate by the police officer.
- Under the third and fourth provisos to Section 183(6)(a), Section 183(6)(b), and Section 183(7) of the Bharatiya Nagarik Suraksha Sanhita, 2023, a temporarily or permanently, mentally or physically disabled person's statement is recorded with the assistance of an interpreter or a special educator through audio-video electronic means preferably by mobile phone and serves in lieu of examination-in-chief under Section 142 of the Bharatiya Sakshya Adhiniyam, 2023, and the Magistrate forwards any recorded confession or statement to the inquiring or trying Magistrate.
Time Limits: CrPC 164 to BNSS 183
- Under Section 164(1) of the Code of Criminal Procedure, 1973, a confession or statement may be recorded in the course of an investigation or at any time afterwards before the inquiry or trial commences.Act text: “at any time afterwards before the commencement of the inquiry or trial”
- Under Section 164(3) of the Code of Criminal Procedure, 1973, if at any time before the confession is recorded the person appearing before the Magistrate states an unwillingness to confess, the Magistrate shall not authorise police custody.Act text: “If at any time before the confession is recorded”
- In the offences listed in Section 164(5A)(a) of the Code of Criminal Procedure, 1973, the Judicial Magistrate shall record the statement of the person against whom the offence was committed as soon as the commission of the offence is brought to the notice of the police.Act text: “as soon as the commission of the offence is brought to the notice of the police”
- Under Section 183(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, a confession or statement may be recorded in the course of an investigation or at any time afterwards but before the inquiry or trial commences.Act text: “at any time afterwards but before the commencement of the inquiry or trial”
- Under Section 183(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, if at any time before the confession is recorded the person appearing before the Magistrate states an unwillingness to make the confession, the Magistrate shall not authorise police custody.Act text: “If at any time before the confession is recorded”
- In the offences listed in Section 183(6)(a) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Magistrate shall record the statement of the person against whom the offence was committed as soon as the commission of the offence is brought to the notice of the police.Act text: “as soon as the commission of the offence is brought to the notice of the police”
What CrPC 164 to BNSS 183 Means in Practice
FAQs: CrPC 164 to BNSS 183
How did the description of which Magistrate may record a confession or statement change between Section 164(1) CrPC and Section 183(1) BNSS?▼
Under Section 164(1) of the Code of Criminal Procedure, 1973, any Metropolitan Magistrate or Judicial Magistrate could record a confession or statement whether or not that Magistrate had jurisdiction in the case. Under Section 183(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the power is given to any Magistrate of the district in which the information about the commission of any offence has been registered, whether or not that Magistrate has jurisdiction in the case. Tying the power to that district is a change of substance.
What new provisos did Section 183(6)(a) BNSS add that were not in Section 164(5A)(a) CrPC?▼
Section 183(6)(a) of the Bharatiya Nagarik Suraksha Sanhita, 2023 adds provisos not in Section 164(5A)(a) of the Code of Criminal Procedure, 1973. First, the statement under Section 183(6)(a) BNSS 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. Second, for offences punishable with imprisonment for ten years or more, imprisonment for life, or death, the Magistrate shall record the statement of the witness brought by the police officer.
Did the rules on recording confessions voluntarily and barring police custody on refusal change from Section 164 CrPC to Section 183 BNSS?▼
No. The rules in Section 164(2) and Section 164(3) of the Code of Criminal Procedure, 1973 are unchanged in Section 183(2) and Section 183(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The Magistrate must still explain that the person is not bound to confess and that the confession may be used as evidence, must have reason to believe upon questioning that it is voluntary, and shall not authorise detention in police custody if the person states unwillingness before the confession is recorded.
How did the rule for recording the statement of a disabled person change between Section 164(5A) CrPC and Section 183(6) BNSS?▼
Under the second proviso to Section 164(5A)(a) of the Code of Criminal Procedure, 1973, a disabled person's statement recorded with an interpreter or a special educator had to be video graphed. Under the fourth proviso to Section 183(6)(a) of the Bharatiya Nagarik Suraksha Sanhita, 2023, that statement shall be recorded through audio-video electronic means preferably by mobile phone, and Section 183(6)(b) BNSS updates the cross-reference to Section 142 of the Bharatiya Sakshya Adhiniyam, 2023 as a change of form.
Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.
Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 27 Oct 2026 ·