Answer-Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, evaluate the procedural validity of a jud...

Detailed Explanation 1. The New Provision The first proviso to Section 1831 of the BNSS explicitly states that any confession or statement may be recorded by audio-video electronic means however, it adds a mandatory condition it must be done in the presence of the advocate of the person accused of an offence. 2. Why B is the answer If the policejudiciary choose to use the modern audio-video route provided by the BNSS, they must also ensure the procedural safeguard of legal counsels presence. 3. Contrast with old law The CrPC did not have this specific electronic-advocate linkage, making this a high-probability difficult topic for upcoming 2026 legal examinations.

Question

Under the Bharatiya Nagarik Suraksha Sanhita (BNS

S , 2023, evaluate the procedural validity of a judicial confession recorded under Section 183 in the following scenario: An accused in a murder case is brought before a Magistrate in the district where the FIR was registered. The confession is recorded via audio-video electronic means in the absence of the accused's advocate, despite the accused having legal counsel.

A The confession is fully valid because the presence of an advocate is only mandatory for recording the statements of victims under Section 183(6).

B The confession is procedurally defective because Section 183(1) mandates that any confession or statement recorded by audio-video electronic means must be in the presence of the advocate of the person accused.

C The confession is valid provided the Magistrate has recorded a memorandum at the foot of the record stating that the accused waived their right to an advocate.

D The confession is inadmissible because Section 183 does not permit the use of audio-video electronic means for recording confessions of accused persons; it is reserved for disabled witnesses only.

E The confession is valid only if it is corroborated by a confession made to a police officer under Section 23 of the Bharatiya Sakshya Adhiniyam.

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Under the Bharatiya Nagarik Suraksha Sanhita (BNS

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