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    Question

     According to Section 183 of the BNSS, 2023, who is

    authorized to record confessions of accused persons, and what must occur before recording?
    A Any police officer can record confessions; no Magistrate involvement required Correct Answer Incorrect Answer
    B Only a Magistrate within the district where offence is registered (regardless of trial jurisdiction) may record confessions; before recording, the Magistrate must inform the person that they are not obligated to confess and any confession may be used as evidence; if the person indicates unwillingness before confession is recorded, the Magistrate cannot authorize detention in police custody Correct Answer Incorrect Answer
    C Only the investigating officer can record confessions during interrogation Correct Answer Incorrect Answer
    D Confessions must be recorded by a female Magistrate in all cases Correct Answer Incorrect Answer
    E Confessions can be recorded without informing the person of their rights Correct Answer Incorrect Answer

    Solution

    Section 183(1) provides: "Confessions or statements may be recorded by a Magistrate...within the district where the information was recorded...irrespective of whether he has jurisdiction to try the case or not." Section 183(2) mandates: "Before recording a confession, the Magistrate shall  inform the person that he is not obligated to confess  and that any confession made may be used as evidence against him." Section 183 Explanation states: " Police officers, even if conferred with certain judicial powers , are  prohibited from recording confessions ." The prohibition on police recording is categorical, recognizing risks of coercion.

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