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    Question

    Under Section 183 of the BNSS, 2023, which of the

    following statements regarding the recording of confessions by an accused person during investigation is INCORRECT?
    A Confessions can be recorded by any Magistrate within the district where the offence is registered, regardless of whether the Magistrate has jurisdiction over the case Correct Answer Incorrect Answer
    B Before recording a confession, the Magistrate must inform the accused that they are not obligated to confess and that any confession may be used against them Correct Answer Incorrect Answer
    C Police officers, even if conferred with certain judicial powers under special statutes, are prohibited from recording confessions during investigation Correct Answer Incorrect Answer
    D If an accused expresses unwillingness to confess before the confession is recorded, the Magistrate can authorize the accused to remain in police custody for further investigation Correct Answer Incorrect Answer
    E Confessions or statements can be recorded in the presence of the advocate of the accused person Correct Answer Incorrect Answer

    Solution

    Explanation: Section 183 of the BNSS provides that if, before the confession is recorded, the person indicates they are unwilling to confess, the Magistrate CANNOT authorize their detention in police custody. This is a critical safeguard against coerced confessions. The section explicitly protects the right against forced self-incrimination. All other statements in the question are accurate: (A) is correct per Section 183(1); (B) is correct as a precondition; (C) is explicitly stated in Section 183; and (E) is also permitted. Thus, option (D) violates the fundamental principle of voluntary confession protected by Section 183 read with constitutional rights against self-incrimination.

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