Question
A Magistrate is approached by an accused person who
confesses to having committed a crime. The accused wishes to make a confessional statement before the Magistrate. Under which section of the Bharatiya Nagarik Suraksha Sanhita, 2023 is the Magistrate empowered to record such a confession?Solution
Section 183 of BNSS, 2023 specifically addresses "Recording of confessions and statements". The section provides that "any Magistrate of the District in which the information about commission of any offence has been registered, may...record any confession or statement made to him in the course of an investigation". The key provision is that only a Magistrate (not a police officer) can record a confession. The Magistrate must first explain to the person that they are not bound to confess and that the confession may be used as evidence. The confession must be recorded in the manner prescribed in Section 316, and the Magistrate must be satisfied of its voluntariness. Sections 180-181 deal with examination of witnesses and statements to police respectively, but not confessions.
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