Section 183 BNSS: Recording of confessions and statements
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 183 BNSS at a Glance
Section 183 BNSS deals with recording of confessions and statements. It replaced Section 164 CrPC on 1 July 2024. Popularly called the confession and statement section. Section 183(6) BNSS adds that a victim's statement shall, as far as practicable, be recorded by a woman Magistrate.
Section 183 BNSS Bare Act 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 audio-video 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.
Source: Section 183, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 183 BNSS in Simple Words
Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the recording of confessions and statements by a Magistrate. Under Section 183(1), any Magistrate of the District in which the information about the commission of any offence has been registered may record a confession or statement made to the Magistrate. The Magistrate may do so whether or not the Magistrate has jurisdiction in the case. It may be made during an investigation under Chapter XIII of the Sanhita or under any other law in force, or at any time afterwards but before the inquiry or trial begins. The first proviso says a confession or statement made under Section 183(1) may also be recorded by audio-video electronic means in the presence of the advocate of the person accused of an offence. The second proviso says no confession shall be recorded by a police officer on whom any power of a Magistrate has been conferred under any law in force. Under Section 183(2), the Magistrate shall explain to the person making a confession, before recording it, that the person is not bound to make a confession. The Magistrate shall also explain that a confession, if made, may be used as evidence against the person. The Magistrate shall not record the confession unless, upon questioning the person making it, the Magistrate has reason to believe it is being made voluntarily. Under Section 183(3), suppose the person appearing before the Magistrate states, at any time before the confession is recorded, that the person is not willing to make it. In that case the Magistrate shall not authorise the detention of that person in police custody.
Under Section 183(4), a confession shall be recorded in the manner provided in section 316 for recording the examination of an accused person, and the person making it shall sign it. The Magistrate shall then make a memorandum at the foot of the record. The memorandum shall say that the Magistrate explained to the person that the person is not bound to make a confession and that any confession made may be used as evidence against the person. It shall also say that the Magistrate believes the confession was voluntarily made, taken in the Magistrate's presence and hearing, read over to the person making it and admitted by that person to be correct. It shall further say that the confession contains a full and true account of the statement made, and it ends with the Magistrate's signature. Under Section 183(5), a statement other than a confession, made under Section 183(1), shall be recorded in the manner provided for recording evidence that the Magistrate thinks best fitted to the circumstances of the case. The Magistrate has power to administer an oath to the person whose statement is so recorded. Section 183(6)(a) applies in cases punishable under these sections of the Bharatiya Nyaya Sanhita, 2023: 64, 65, 66, 67, 68, 69, 70, 71, 74, 75, 76, 77, 78, 79 and 124. In those cases the Magistrate shall record the statement of the person against whom the offence was committed, in the manner specified in Section 183(5). The statement shall be recorded as soon as the commission of the offence is brought to the notice of the police. The first proviso says such a statement shall, as far as practicable, be recorded by a woman Magistrate.
In the absence of a woman Magistrate, it shall be recorded by a male Magistrate in the presence of a woman. The second proviso applies in cases relating to offences punishable with imprisonment for ten years or more, or with imprisonment for life, or with death. In those cases the Magistrate shall record the statement of the witness brought before the Magistrate by the police officer. The third proviso says 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 it. The fourth proviso says that in the same case the statement made with that assistance shall be recorded through audio-video electronic means, preferably by mobile phone. Section 183(6)(b) applies to a statement recorded under Section 183(6)(a) from a person who is temporarily or permanently, mentally or physically disabled. Such a statement shall be considered a statement in lieu of, meaning in place of, examination-in-chief, as specified in section 142 of the Bharatiya Sakshya Adhiniyam, 2023. The maker of the statement can then be cross-examined on it, without the need for recording it again at the time of trial. Under Section 183(7), the Magistrate recording a confession or statement under Section 183 shall forward it to the Magistrate by whom the case is to be inquired into or tried.
When Section 183 BNSS Applies
- 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 Under Section 183 BNSS
- 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”
Example of Section 183 BNSS
When Section 183 BNSS Does Not Apply
- Under the second proviso to Section 183(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, a confession shall not be recorded by a police officer on whom any power of a Magistrate has been conferred under any law in force.
- Under Section 183(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Magistrate shall not record a confession when, upon questioning the person making it, the Magistrate does not have reason to believe that it is being made voluntarily.
- Under Section 183(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Magistrate shall not authorise the detention of a person in police custody if, before the confession is recorded, that person states an unwillingness to make the confession.
- A confession or statement cannot be recorded under Section 183(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 once the inquiry or trial has commenced, or by a Magistrate outside the district in which information about the commission of the offence has been registered.
Section 183 BNSS in the CrPC (Previous Law)
Section 183 BNSS replaced Section 164 CrPC from 1 July 2024.
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.
Each sub-section below names its own source.
FAQs on Section 183 BNSS
Which Magistrate can record a confession or statement under Section 183 BNSS?▼
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 has been registered may record a confession or statement during an investigation or at any time afterwards but before the inquiry or trial commences, whether or not that Magistrate has jurisdiction in the case. However, the second proviso to Section 183(1) BNSS bars a police officer on whom any power of a Magistrate has been conferred from recording a confession.
What safeguards apply before and during the recording of a confession under Section 183 BNSS?▼
Section 183(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 requires the Magistrate to explain that the person is not bound to confess and that the confession may be used as evidence, and bars recording unless questioning gives reason to believe it is voluntary. Under Section 183(3) BNSS, if the person states unwillingness before recording, the Magistrate shall not authorise police custody, and Section 183(4) BNSS requires recording under Section 316 BNSS with the maker's signature and a signed memorandum.
Who records a victim's statement, and whose statement must the Magistrate record, under Section 183(6)(a) BNSS?▼
For a victim's statement under Section 183(6)(a) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the first proviso requires that it 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. Under the second proviso to Section 183(6)(a) BNSS, 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.
How does Section 183(6) BNSS regulate the statement of a person who is mentally or physically disabled?▼
Under the third and fourth provisos to Section 183(6)(a) of the Bharatiya Nagarik Suraksha Sanhita, 2023, 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 and record the statement through audio-video electronic means preferably by mobile phone. Under Section 183(6)(b) BNSS, that statement is considered a statement in lieu of examination-in-chief under Section 142 of the Bharatiya Sakshya Adhiniyam, 2023 so the maker can be cross-examined on it without the need for recording it again at trial.
What changed in Section 183 BNSS compared to Section 164 CrPC?▼
Section 183(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 gives the power to any Magistrate of the district where information about the offence is registered, where Section 164(1) of the Code of Criminal Procedure, 1973 named any Metropolitan Magistrate or Judicial Magistrate. The list of offences in Section 183(6)(a) BNSS is wider and includes Sections 69 and 124 of the Bharatiya Nyaya Sanhita, 2023. New provisos add recording by a woman Magistrate as far as practicable, recording of witnesses in serious offences, and audio-video recording preferably by mobile phone for disabled persons.
Section 183 BNSS: Sub-sections Explained
Section 183(1) BNSS: Recording of confessions and statements
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Bare Act 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 audio-video 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.
Section 183(2) BNSS: Recording of confessions and statements
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Bare Act Text
(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.
Section 183(3) BNSS: Recording of confessions and statements
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Bare Act Text
(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.
Section 183(4) BNSS: Recording of confessions and statements
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Bare Act Text
(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.".
Section 183(5) BNSS: Recording of confessions and statements
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Bare Act Text
(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.
Section 183(6) BNSS: Recording of confessions and statements
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Bare Act Text
(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.
Previous Law
CrPC 164(5A) → Section 183(6) BNSS
Section 183(7) BNSS: Recording of confessions and statements
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Bare Act Text
(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.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 27 Oct 2026 ·