Recording of confessions and statements
Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with recording of confessions and statements. Any Magistrate of the District in which the information about commission of any offence has been registered, may, whether or not he has jurisdiction in the case, record any confession or statement made to him in the course of an investigation under this Chapter or under any other law for the time be The Act came into force on 01 Jul 2024.
(1) Any Magistrate of the District in which the information about commission of any offence has been registered, may, whether or not he has jurisdiction in the case, record any confession or statement made to him in the course of an investigation under this Chapter or under any other law for the time being in force, or at any time afterwards but before the commencement of the inquiry or trial:
Provided that any confession or statement made under this sub-section may also be recorded by audiovideo electronic means in the presence of the advocate of the person accused of an offence:
Provided further that no confession shall be recorded by a police officer on whom any power of a Magistrate has been conferred under any law for the time being in force.
(2) The Magistrate shall, before recording any such confession, explain to the person making it that he is not bound to make a confession and that, if he does so, it may be used as evidence against him; and the Magistrate shall not record any such confession unless, upon questioning the person making it, he has reason to believe that it is being made voluntarily.
(3) If at any time before the confession is recorded, the person appearing before the Magistrate states that he is not willing to make the confession, the Magistrate shall not authorise the detention of such person in police custody.
(4) Any such confession shall be recorded in the manner provided in section 316 for recording the examination of an accused person and shall be signed by the person making the confession; and the Magistrate shall make a memorandum at the foot of such record to the following effect:—
"I have explained to (name) that he is not bound to make a confession and that, if he does so, any confession he may make may be used as evidence against him and I believe that this confession was voluntarily made. It was taken in my presence and hearing, and was read over to the person making it and admitted by him to be correct, and it contains a full and true account of the statement made by him. (Signed) A. B. Magistrate.".
(5) Any statement (other than a confession) made under sub-section (1) shall be recorded in such manner hereinafter provided for the recording of evidence as is, in the opinion of the Magistrate, best fitted to the circumstances of the case; and the Magistrate shall have power to administer oath to the person whose statement is so recorded.
(6) (a) In cases punishable under section 64, section 65, section 66, section 67, section 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77, section 78, section 79 or section 124 of the Bharatiya Nyaya Sanhita, 2023, the Magistrate shall record the statement of the person against whom such offence has been committed in the manner specified in sub-section (5), as soon as the commission of the offence is brought to the notice of the police:
Provided that such statement shall, as far as practicable, be recorded by a woman Magistrate and in her absence by a male Magistrate in the presence of a woman:
Provided further that in cases relating to the offences punishable with imprisonment for ten years or more or with imprisonment for life or with death, the Magistrate shall record the statement of the witness brought before him by the police officer:
Provided also that if the person making the statement is temporarily or permanently, mentally or physically disabled, the Magistrate shall take the assistance of an interpreter or a special educator in recording the statement:
Provided also that if the person making the statement is temporarily or permanently, mentally or physically disabled, the statement made by the person, with the assistance of an interpreter or a special educator, shall be recorded through audio-video electronic means preferably by mobile phone;
(b) a statement recorded under clause (a) of a person, who is temporarily or permanently, mentally or physically disabled, shall be considered a statement in lieu of examination-in-chief, as specified in section 142 of the Bharatiya Sakshya Adhiniyam, 2023 such that the maker of the statement can be cross-examined on such statement, without the need for recording the same at the time of trial.
(7) The Magistrate recording a confession or statement under this section shall forward it to the Magistrate by whom the case is to be inquired into or tried.
Section 183, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 164 Recording of confessions and statements Text carried over almost unchanged 95%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
- Bharatiya Nyaya Sanhita s. 124 Voluntarily causing grievous hurt by use of acid, etc
- s. 64 Summons how served
- s. 65 Service of summons on corporate bodies, firms, and societies
- s. 66 Service when persons summoned cannot be found
- s. 67 Procedure when service cannot be effected as before provided
- s. 68 Service on Government servant
- s. 69 Service of summons outside local limits
- s. 70 Proof of service in such cases and when serving officer not present
- s. 71 Service of summons on witness
- s. 74 Warrants to whom directed
- s. 75 Warrant may be directed to any person
- s. 76 Warrant directed to police officer
- s. 77 Notification of substance of warrant
- s. 78 Person arrested to be brought before Court without delay
- s. 79 Where warrant may be executed
- s. 316 Record of examination of accused
- Bharatiya Sakshya Adhiniyam s. 142 Examination of witnesses
Referred to by 6
- s. 173 Information in cognizable cases
- s. 182 No inducement to be offered
- s. 230 Supply to accused of copy of police report and other documents
- s. 231 Supply of copies of statements and documents to accused in other cases triable by Court of Session
- s. 345 Trial of person not complying with conditions of pardon
- s. 509 Non-compliance with provisions of section 183 or section 316
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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R. Shaji v. State of Kerala
Decided under Code of Criminal Procedure 164, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Judgment of Main Case order-13.pdf 2013-02-04 (not same-date order-14 ROP). Chauhan/Gowda, Crl A 1774/2010. A CrPC 164 magistrate statement is not substantive evidence but can be used to corroborate or contradict; a 161 police statement is still weaker and cannot be treated as substantive. Delay or procedural wrinkles in recording 164 go to weight, not automatic exclusion. Map CrPC 161 and 164 plus BNSS 180/183.
On this section: Successor of CrPC 164 (mapping.csv near-identical). Magistrate-statement teaching carries to BNSS 183.
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Tofan Singh vs The State of Tamil Nadu through the Ineliigence Officer
Decided under Code of Criminal Procedure 164, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Officers designated under Section 53 of the Narcotic Drugs and Psychotropic Substances Act, 1985 are 'police officers' within the meaning of Section 25 of the Indian Evidence Act, 1872. Consequently, any confessional statement made to such officers is barred from being used as evidence under Section 25 of the Evidence Act. Additionally, a statement recorded under Section 67 of the NDPS Act cannot be used as a confessional statement in the trial of an offence under the NDPS Act, as Section 67 is limited to calling for information and examining persons during an inquiry antecedent to investigation, not for recording confessions as substantive evidence.
On this section: Recording of confessions and statements by Magistrates with safeguards
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Deepak Gulati vs State of Haryana
Decided under Code of Criminal Procedure 164, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
For a conviction under Section 376 IPC based on false promise of marriage, the court must find clear and convincing evidence that the accused harboured mala fide intentions and made a false promise of marriage with the sole objective of seducing the victim into sexual acts from the very inception of the relationship. Mere breach of a promise to marry, or failure to fulfil a promise due to unforeseen circumstances or changed intentions during the course of the relationship, does not constitute rape unless the deception was deliberate and predatory from the beginning. The victim's age, maturity, voluntary participation, lack of resistance, and continued hope of marriage are relevant factors in determining whether consent was genuinely given or obtained through deception.
On this section: Recording of statement of prosecutrix before magistrate; the prosecutrix's statement was recorded on May 20, 1995, and the court examined contradictions between this statement and her testimony in court
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Selvamani vs The State Rep. by the Inspector of Police
Decided under Code of Criminal Procedure 164, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When a victim of gang rape and her family members retract their testimony during cross-examination due to long trial delays and possible witness intimidation, their evidence cannot be rejected in toto. Instead, the court must carefully scrutinize the evidence and accept those parts which are dependable and consistent with corroborating evidence such as the FIR, medical examination findings, and statements recorded under Section 164 CrPC. If such corroborating evidence establishes that forcible sexual intercourse occurred, the conviction can be sustained despite the victim's retraction, provided the medical evidence clearly shows injuries consistent with gang rape.
On this section: Provides for recording of statements by judicial magistrate. The victim's statement was recorded under this section by Judicial Magistrate Lakshmi Ramesh, which was used as corroborating evidence.
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Girish Sharma vs The State of Chhattisgarh
Decided under Code of Criminal Procedure 164, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
While a prosecutor enjoys discretion in deciding whether to charge a person as an accused or cite them as a witness in a chargesheet, the court retains ultimate and final authority to take cognizance based on a balanced assessment of the interests of justice. In exercising this authority, the court must weigh: (a) the utility of the person as a witness in strengthening the prosecution case against more serious accused; (b) the interests of justice in summoning such person as an accused; and (c) whether summoning them as accused would jeopardize the prosecution case against the main accused. The prosecutor's decision to cite a person as witness is not binding on the court and can be interfered with when interests of justice so require. However, such interference must be based on a holistic consideration of all relevant factors, not merely on the existence of incriminating material. Additionally, the procedure under Section 306 Cr.P.C. (seeking pardon for accomplices) is not the only available procedure for citing an accomplice as a witness, and accomplices can be used as witnesses in appropriate circumstances without formal pardon proceedings.
On this section: Recording of statements before Magistrate during investigation; same holding as Section 161 statements
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Ashwani Kumar @ Ashu vs State of Punjab
Decided under Code of Criminal Procedure 164, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
In criminal trials involving circumstantial evidence and conspiracy, eyewitness identification without test identification parade is admissible and can support conviction if the witness is trustworthy and reliable, provided such identification is corroborated by independent circumstantial evidence including extra-judicial confessions, recovered weapons, telephonic communications and documents. However, mere telephonic communications without proof of exclusive control or personal involvement in conspiatorial acts are insufficient to establish guilt when the communications are explainable by familial or legitimate relationships. The burden of proof remains on the prosecution to establish guilt beyond reasonable doubt through competent and corroborating evidence.
On this section: Referenced for recording of statements of witnesses Jagdeep Singh, Harjeet Singh and Jasbir Singh which provided extra-judicial confessions and eyewitness accounts of preparatory meetings
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Darshan Singh vs State of Punjab
Decided under Code of Criminal Procedure 164, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Where a witness is trustworthy and reliable and has opportunity to observe and recall the incident, the absence of a test identification parade does not render their in-court identification inadmissible or unsafe if it is supported by credible corroborating material evidence such as medical evidence, other eyewitness accounts, recoveries of items connected to the crime, and incriminating statements. Conviction under Sections 364, 302, and 307 read with Section 120B IPC can be sustained on the basis of such circumstantial evidence if the circumstances are consistent with guilt and inconsistent with innocence. However, conviction must not be based on mere suspicion or telephone communications alone without concrete corroborating evidence, as the standard of proof requires evidence to be sufficient and convincing.
On this section: Applied for recording statements of witnesses and suspects before Judicial Magistrate to ensure credibility and documentary evidence of witness accounts.
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Chandra Prakash vs State of Rajasthan
Decided under Code of Criminal Procedure 164, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
In cases of criminal conspiracy, the prosecution need not prove express agreement between conspirators; the agreement may be proved by necessary implication from circumstances. When assessing approver evidence, courts must first apply a reliability test to determine if the approver is a trustworthy witness on the evidence itself, independent of corroboration. Only if the approver passes the reliability test does the second test apply, requiring corroboration in material particulars that connects the accused with the offense. Such corroboration must come from independent sources and may be direct or circumstantial in nature. Under Section 27 of the Indian Evidence Act, discovery of facts in consequence of information from an accused in custody is admissible if the information is credible and material discovery is effected; formal arrest is not necessary, only that the person be accused of an offense and in custody of a police officer. The broad definition of 'explosive substance' under the Explosive Substances Act, 1908 and 'explosive' under the Explosive Act, 1884 encompasses materials for making explosives; when such materials are possessed in conjunction with other explosive articles and components in large quantities, possession constitutes a criminal offense even without direct evidence of criminal intent if the circumstances demonstrate conscious possession for use in explosions. Sanction under Section 7 of the Explosive Substances Act, 1908 requires only 'consent' for subjective appreciation and can be granted by District Magistrate pursuant to delegation from Central Government; the sanctioning authority need not be examined as a witness if the sanction document is properly proven and shows application of mind.
On this section: Recording of confessions and statements by magistrates
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Senthilkumar vs State of Tamil Nadu
Decided under Code of Criminal Procedure 164, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
A confessional statement recorded under Section 15 of TADA, if properly recorded following mandatory procedural safeguards, voluntarily made by the accused, and found by the court to be truthful, is sufficient to form the basis of conviction. Such conviction may be based on the confession alone without corroboration if the court is satisfied of its probative value. However, retraction of such confession is not automatically fatal if the court, after examining the circumstances, finds the original confession was voluntary and true and the retraction is merely an afterthought. Corroboration, while generally required as a matter of caution, is not always mandatory and depends on facts of the case. For use of confessional statement of one co-accused against another co-accused, general corroboration is required unless the court is satisfied the confession has high probative value. To establish conspiracy under Section 120(B) IPC in context of TADA offences, it is essential to prove either actual participation in the conspiracy or prior knowledge of the planned offence; mere arrangement for hospitality or contact with conspirators without prior knowledge is insufficient. Hostile witness testimony need not be completely rejected; that portion which is corroborated by other evidence on record may be relied upon. For criminal conviction in terrorist cases, the standard of proof remains 'beyond reasonable doubt', and lack of corroboration on material facts connecting an accused to the conspiracy may warrant acquittal despite other evidence.
On this section: Section 164 applied for recording witness statements before judicial magistrate; Section 173 for police investigation report; Section 313 for statements of accused in response to charges
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In Re: vs Indian Woman Says Gang-raped on Orders
Decided under Code of Criminal Procedure 164, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
The State has a constitutional duty under Article 21 of the Constitution to protect the fundamental rights of its citizens, including the freedom of choice in marriage and protection from sexual violence. When the State fails to prevent grave violations of these fundamental rights such as gang rape, the State is duty bound to provide substantial monetary compensation to the victim for rehabilitation and must implement systemic reforms including police vigilance, mandatory victim protection procedures under the Criminal Procedure Code, and long-term victim rehabilitation. Panchayats and village councils have no legal authority to order, authorize, or participate in violence or sexual assault, and such acts constitute unlawful assemblies and barbaric crimes deserving harsh punishment. The investigating agency must comply with mandatory procedural requirements including recording rape FIRs and victim statements exclusively by women police officers, invoking all applicable criminal sections, obtaining and certifying all evidence properly, and investigating larger conspiracies if any.
On this section: Court reviewed victim's statement recorded under Section 164; emphasized that medical examinations must be conducted by registered medical practitioners with victim's consent and report must be detailed; Court noted that Section 164A requires examination within 24 hours and comprehensive documentation of injuries, DNA material, and medical findings
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Mohit @ Sonu vs State of U. P.
Decided under Code of Criminal Procedure 164, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
An order of a trial court refusing to summon additional accused under Section 319 Cr.P.C. is not a purely interlocutory order within the meaning of Section 397(2) Cr.P.C. because it substantially affects the rights of the accused by determining whether they will face trial. Therefore, such order must be challenged through revisional jurisdiction under Sections 397/401 Cr.P.C., not through inherent jurisdiction under Section 482 Cr.P.C. Additionally, when any court (whether exercising revisional or inherent jurisdiction) passes an order prejudicial to the rights of an accused or any person, such person has a fundamental right to notice and opportunity of hearing as mandated by Section 401(2) Cr.P.C. and the principles of natural justice before such prejudicial order is passed. The inherent power under Section 482 Cr.P.C. can be exercised only when no other specific remedy is available in the Code.
On this section: Statements recorded by magistrate; carry greater evidentiary weight than statements under Section 161
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Prashant Bharti vs State of Nct of Delhi
Decided under Code of Criminal Procedure 164, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When material evidence of sterling and impeccable quality - consisting of documentary records (judgment and decree of divorce, marriage certificate) and scientifically-generated electronic evidence (call detail records) - conclusively establishes that the factual basis of criminal accusations is false and that the allegations cannot be substantiated in trial, the inherent powers under Section 482 of the Criminal Procedure Code ought to be exercised by the High Court to quash criminal proceedings at the stage of charge framing or trial, as proceeding further would constitute abuse of court process and denial of justice to the innocent accused, even though the prosecution has filed a chargesheet based on complainant's statement.
On this section: Recording of statement by magistrate - complainant's statement recorded under this section formed basis of chargesheet despite police finding no independent corroborating evidence
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Mohd. Imran Khan vs State(govt. of National Cap. Ter. of Delhi)
Decided under Code of Criminal Procedure 164, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
A prosecutrix's testimony in a rape case, if found to be worthy of credence and reliable, requires no corroboration and can sustain a conviction. A woman who is the victim of sexual assault stands at a higher pedestal than an injured witness as she suffers from emotional injury. Her evidence must be appreciated in the background of the entire case with heightened sensitivity. Threats and coercion negate any notion of consent, and a minor cannot legally consent to sexual intercourse regardless of her apparent willingness or voluntary accompaniment. The court must not allow infirmities in investigation to undermine the credibility of victim testimony when the evidence is otherwise reliable.
On this section: Recording of statement of accused or any other person by police officer or at police station - The prosecutrix's statement was recorded under this section on November 29, 1989, which was admitted as evidence.
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State of Assam vs Faruk Ahmed
Decided under Code of Criminal Procedure 164, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
In prosecutions for child marriage and sexual assault of minors under the POCSO Act and Prohibition of Child Marriage Act, the prosecution bears the burden of establishing the victim's age at the time of marriage through reliable documentary evidence such as birth certificates and marriage documents. Oral evidence alone, without corroborating documentary proof, is insufficient to establish that a marriage was a child marriage or that sexual assault occurred on a minor. The absence of such documentary evidence, despite the prosecution's duty to produce it, results in acquittal as the charges cannot be proven beyond reasonable doubt.
On this section: Recording of Confessions and Statements - The victim's statement was recorded under this section by the Magistrate and produced as evidence (Ext-P2/PW-2).
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Akshat Singh Rajput vs State of Jharkhand
Court's Decision & Legal Precedent
Bail may be granted where the majority of alleged offenses are bailable and the period of detention is sufficient relative to the nature of the remaining non-bailable charge and the evidentiary context of a prior relationship.
On this section: Victim's statement recorded under this section was perused by the court.
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Patel Rameshore Baburao vs The State of Manipur
Decided under Code of Criminal Procedure 164, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When an accused person kills his spouse upon discovering her infidelity, and such discovery causes grave and sudden provocation leading to loss of self-control, the offense falls within Exception 1 to Section 300 IPC, reducing the conviction from murder to culpable homicide not amounting to murder under Section 304 Part II IPC. The mental element required is knowledge that the act is likely to cause death, not intention to cause death. The absence of premeditation and the sudden nature of the act in response to grave provocation are significant factors in determining the appropriate conviction and sentence.
On this section: Recording of confessional statement by magistrate; the court examined the admissibility and reliability of the confessional statement recorded under this section
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… No other external injury could be detected after careful examination. Some of the co-accused are on bail. The principal accused is in custody. Charge sheet has been submitted. Statement of independent witness recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023 does not implicate the petitioner. No specific overt act has been attributed to him. In view of the above and considering the extent of complicity of the petitioner in the alleged offence, this Court is inclined to grant anticipatory bail to the petitioner. …
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… Learned counsel for the petitioner also submits that the petitioner has got no concern in any manner with the alleged offence. The allegation levelled against the petitioner is general and omnibus in nature. It is further submitted that victim has not named the petitioner in her statement recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The victim has not been recovered from the possession of the petitioner. The petitioner is in custody since 21.11.2024 and has got no criminal antecedent. 5. Learned APP for the State and learned counsel for the informant have vehemently opposed the prayer for …
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… It is further submitted that the witnesses in their statement have supported the prosecution case and the victim in her statement recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has also supported the allegation levelled against the petitioner. Hence, the petitioner does not deserve the privilege of bail. 6. On perusal of the report sent by learned Court below, it appears that charge has been framed against the petitioner on 02.01.2025. Out …
Questions about Section 183
What have the courts held on Section 183 of the Bharatiya Nagarik Suraksha Sanhita?
R. Shaji v. State of Kerala (04 Feb 2013) is the leading judgment on this section among those set out below, though it was decided under CRPC 164, which this section replaced -- the court never mentioned this Act: Successor of CrPC 164 (mapping.csv near-identical). Magistrate-statement teaching carries to BNSS 183. Another 15 judgments on this section are set out below, 13 of them from the Supreme Court. They run from 2011 to 2026.
How do I find court cases under Section 183 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 183, section 183 BNSS, section 183 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bnss 183 in crpc. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 16 reported judgments on this section are set out on this page, beginning with R. Shaji v. State of Kerala (04 Feb 2013).
What should I read with Section 183 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
Its own text turns on Bharatiya Nyaya Sanhita 124 (Voluntarily causing grievous hurt by use of acid, etc), section 64 (Summons how served), section 65 (Service of summons on corporate bodies, firms, and societies), section 66 (Service when persons summoned cannot be found), and on 13 further provisions, so none of them can safely be read on its own. 6 other provisions in this corpus refer back to it. It carries forward CrPC 164 (Recording of confessions and statements), so the judgments decided under that provision are the case law on this one.
When did Section 183 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 183 of the Bharatiya Nagarik Suraksha Sanhita, commonly called confession before magistrate, and cited as BNSS 183, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.