Under Section 183 of the Bharatiya Nagrik Suraksha Sanhita, 2023 (BNS

Section 183 of the BNSS (corresponding to the former Section 164 of the CrPC) requires the Magistrate to take specific safeguards before recording a confession. The Magistrate must explain to the person making the confession that he is not bound to make a confession and that if he does so, it may be used as evidence against him. The Magistrate must also give the person making the confession sufficient time for reflection before the statement is recorded, to ensure that the confession is truly voluntary and not the result of any inducement, threat, or promise. The recording must be in the manner provided for recording evidence, and the Magistrate must make a memorandum at the foot of the record certifying that these safeguards were followed. The presence of the Investigating Officer during recording is prohibited, not required.