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    Question

    Under the Bharatiya Nagarik Suraksha Sanhita (BNSS),

    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). Correct Answer Incorrect Answer
    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. Correct Answer Incorrect Answer
    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. Correct Answer Incorrect Answer
    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. Correct Answer Incorrect Answer
    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. Correct Answer Incorrect Answer

    Solution

    Detailed Explanation: 1.    The New Provision: The first proviso to Section 183(1) 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 police/judiciary choose to use the modern "audio-video" route provided by the BNSS, they must also ensure the procedural safeguard of legal counsel's 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.

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