Section 164 CrPC: Recording of confessions and statements

Code of Criminal Procedure, 1973

Section 164 CrPC at a Glance

Section 164 CrPC deals with recording of confessions and statements. From 1 July 2024 it is replaced by Section 183 BNSS. 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.

Now BNSS

Section 183 →

What Section 164 CrPC Says

164. Recording of confessions and statements
(1) Any Metropolitan Magistrate or Judicial Magistrate 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 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 281 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.
(5A) (a) In cases punishable under section 354, section 354A, section 354B, section 354C, section 354D, sub-section (1) or sub-section (2) of section 376, section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB, section 376E or section 509 of the Indian Penal Code (45 of 1860), the Judicial Magistrate shall record the statement of the person against whom such offence has been committed in the manner prescribed in sub-section (5), as soon as the commission of the offence is brought to the notice of the police:
Provided 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 further 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 video graphed.
(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 137 of the Indian Evidence Act, 1872 (1 of 1872) 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.
(6) 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 164, Code of Criminal Procedure, 1973

Section 164 CrPC in Simple Words

Section 164 of the Code of Criminal Procedure, 1973 deals with the recording of confessions and statements by a Magistrate. Under Section 164(1), any Metropolitan Magistrate or Judicial Magistrate may record a confession or statement made to the Magistrate, whether or not the Magistrate has jurisdiction in the case. It may be made during an investigation under Chapter XII of the Code or under any other law in force, or at any time afterwards before the inquiry or trial begins. The first proviso says a confession or statement made under Section 164(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 164(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 164(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 164(4), a confession shall be recorded in the manner provided in section 281 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 164(5), a statement other than a confession, made under Section 164(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 164(5A)(a) applies in cases punishable under these sections of the Indian Penal Code: 354, 354A, 354B, 354C, 354D, 376(1), 376(2), 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB, 376E and 509.

In those cases the Judicial Magistrate shall record the statement of the person against whom the offence was committed, in the manner prescribed in Section 164(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 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 second proviso says that in the same case the statement made with that assistance shall be video graphed. Section 164(5A)(b) applies to a statement recorded under Section 164(5A)(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 137 of the Indian Evidence Act, 1872. 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 164(6), the Magistrate recording a confession or statement under Section 164 shall forward it to the Magistrate by whom the case is to be inquired into or tried.

When Section 164 CrPC Applies

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.

Time Limits Under Section 164 CrPC

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”

Example of Section 164 CrPC

During an investigation, the police bring Arjun before a Judicial Magistrate to have his confession recorded under Section 164 of the Code of Criminal Procedure, 1973. Before recording anything, the Magistrate explains to Arjun under Section 164(2) CrPC that he is not bound to make a confession and that, if he does so, it may be used as evidence against him. When the Magistrate questions him, Arjun states before any confession is recorded that he is not willing to make the confession. Under Section 164(2) CrPC and Section 164(3) CrPC, the Magistrate must not record the confession and shall not authorise the detention of Arjun in police custody.

When Section 164 CrPC Does Not Apply

Under the second proviso to Section 164(1) of the Code of Criminal Procedure, 1973, 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 164(2) of the Code of Criminal Procedure, 1973, 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 164(3) of the Code of Criminal Procedure, 1973, 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 164(1) of the Code of Criminal Procedure, 1973 once the inquiry or trial has already commenced.

Confession to Magistrate Under BNSS 183: What Changed

Section 164 CrPC is now covered under Section 183 BNSS.

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.

View detailed comparison (CrPC 164 vs BNSS 183) →

FAQs on Section 164 CrPC

Can a Magistrate who does not have jurisdiction to try the case record a confession or statement under Section 164 CrPC?▼

Yes. 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 or at any time afterwards before the inquiry or trial commences, whether or not that Magistrate has jurisdiction in the case. Once recorded, Section 164(6) CrPC requires the Magistrate to forward the confession or statement to the Magistrate by whom the case is to be inquired into or tried.

What must a Magistrate do before recording a confession under Section 164 CrPC?▼

Before recording a confession under Section 164(2) of the Code of Criminal Procedure, 1973, the Magistrate shall explain to the person making it that the person is not bound to make a confession and that, if made, it may be used as evidence against that person. The Magistrate shall not record the confession unless, upon questioning the person making it, the Magistrate has reason to believe that it is being made voluntarily.

What happens under Section 164 CrPC if a person brought before the Magistrate refuses to make a confession?▼

If at any time before the confession is recorded under Section 164 of the Code of Criminal Procedure, 1973, the person appearing before the Magistrate states an unwillingness to make the confession, Section 164(3) CrPC applies. The Magistrate shall not authorise the detention of that person in police custody, and under Section 164(2) CrPC no confession can be recorded unless the Magistrate has reason to believe it is being made voluntarily.

How does Section 164(5A) CrPC deal with the statement of a victim who has a mental or physical disability?▼

When recording a statement under Section 164(5A)(a) of the Code of Criminal Procedure, 1973 from a person who is temporarily or permanently mentally or physically disabled, the provisos require the Judicial Magistrate to take the assistance of an interpreter or a special educator and video graph the statement. Under Section 164(5A)(b) CrPC, the statement is considered a statement in lieu of examination-in-chief under Section 137 of the Indian Evidence Act, 1872, allowing cross-examination without recording it again at trial.

Where is Section 164 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024?▼

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. From 1 July 2024, Section 164 CrPC is found in Section 183 BNSS, where Section 164(2) CrPC, Section 164(3) CrPC, Section 164(4) CrPC, and Section 164(5) CrPC map to Section 183(2) BNSS, Section 183(3) BNSS, Section 183(4) BNSS, and Section 183(5) BNSS, while Section 164(5A) CrPC and Section 164(6) CrPC map to Section 183(6) BNSS and Section 183(7) BNSS.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 27 Oct 2026 ·