How is the statement recorded under Section 183 of the BNSS?

Introduction

Whenever people get involved in the criminal case for the first time, whether as an accused, witness, or the victim, one common fear immediately comes in mind:

“Police are asking me to give a statement… can they force me?”

“Will my words be used against me later?”

“Do I have any protection?”

This confusion is completely natural. Most of the people are unaware that the Indian law provides a special judicial safeguard whenever the statements or confessions are usually recorded. This protection exists as per Section 164 of the Criminal Procedure Code (CrPC), now re-enacted as Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

Understanding as to how a Section 164 statement is recorded and it can protect your liberty, your case, as well as your future.

Why Section 183 Exists and Why It Is Different from Police Statements

The difference between a statement recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and one recorded by a police officer is that a Section 183 statement is taken before a Judicial Magistrate, and not in a police station. This distinction is very important because the statements that police take during investigations are covered by other laws, which do not afford the same protection from the courts.

The basic concept of Section 183 is that an individual making a declaration before a Magistrate and undergoing judicial supervision will be less prone to deliver false statements under duress. This measure not only protects the defendant, but it also, to a greater extent, safeguards the witness and/or victim who might have to give evidence in the future. 

Who Can Record a Statement Under Section 183?

Statements can only be taken by Judicial Magistrates of the First Class and Metropolitan Magistrates. Executive Magistrates and Police Officers are not permitted to do this. Judicial Magistrates should make their own independent decisions and not simply take the statements as directed by the Investigating Agency, because the Courts have frequently stated that a Judicial Magistrate should not function as a mechanical recorder. 

In What Situations Are Section 183 Statements Recorded?

1. When Police Want to Record a Confession

If the accused wants to confess the guilt, it must be done by only before a Magistrate and it should not be inside a police station.

2. When Important Witness or Victim Statements Are Usually Needed

This includes:

• Eye-witnesses

• Victims of serious offences

• Sexual offence victims

• Child witnesses

Such statements are mostly recorded early to prevent the later pressure, threats, or the manipulation.

Can Police Force You to Confess or Give a Statement?

The clear legal answer is no. Laws prohibit forcing an individual to confess, and this is made clear at the time of the arrest. The policemen who arrest any individual must go directly to the nearest Magistrate with the individual in order to give the suspect a chance to confess voluntarily if they choose to do so. The first duty of a Magistrate upon receipt of an arrested individual is to inform them that they are under no obligation to confess and that anything they say could be used against them in court. This notification is not optional. If the notification is not given correctly, then the confession will be treated with suspicion. 

What Happens When You Are Brought Before the Magistrate?

Whenever a person comes before the Magistrate, the Magistrate do not immediately start the recording the statement. The Magistrate mostly at the first tries to understand whether the person is acting voluntarily or not. This includes observing the person’s mental condition, checking for signs of fear or injury, and asking simple questions to ensure that there is no police influence.

In addition to providing the notification, a Magistrate will also provide the arrested individual with an opportunity to consider their decision on whether or not to confess. This time period is commonly referred to as the "reflection" or "cooling-off" period. This time period provides an opportunity for the arrested individual to think clearly and calmly about their decision without any pressure from the police. Courts have held consistently that not allowing an arrested individual this opportunity may affect the reliability of the confession. 

How Is a Statement Recorded Under Section 183 BNSS?

• Voluntary Statement: The Magistrate firstly ensures that statement is being made voluntarily, without any of the threat, coercion, or inducement.

• Recording the Statement: The statement is recorded in language understood by person and, as far as it is possible, in their own words. It may get recorded in the question-and-answer format or as a narrative.

• Reading and Confirmation: Once it is recorded, the statement is read over to person, who confirms that it has been recorded accurately.

• Signature and Certification: The person signs statement, and the Magistrate certifies that it was only recorded voluntarily and in accordance with law. This certification serves as the important legal safeguard.

What Is the Legal Value of a Section 183 BNSS Statement?

• Confession as Substantive Evidence: The voluntary confession recorded by Magistrate can get used as the substantive evidence. Even if later retracted, it may get relied upon if it is supported by other evidence.

• Witness or Victim Statements: The statements made by the witnesses or victims are not at all substantive evidence by themselves. They are very primarily used to corroborate or contradict the testimony given during trial.

• Higher Evidentiary Value: Since all of these statements are recorded under the judicial supervision at early stage, the courts generally consider them more reliable than the ordinary police statements.

Special Care in Sexual Offence Cases

Courts and the law treat sexual offence cases with extreme sensitivity when recording evidence from victims. Most often, victims in sex crime cases are interviewed before any external pressures or trauma can interfere with their ability to testify fully. To accomplish this, the BNSS captures evidence from victims as quickly as possible after they report incidents of sexual assault, while still preserving the quality of evidence captured through other procedures.

What Courts Have Said About Section 183

The Supreme Court has established a consistent pattern of requiring compliance with Section 164 of the Code of Criminal Procedure, 1973, by all Magistrates. The Supreme Court identified serious problems with respect to police interrogation techniques, including a lack of attention to ensuring that all confessions obtained during an investigation were free from mandatory coercive influence (see Dagdu v. State of Maharashtra). Therefore, any minor deviation from the mandated requirement established by Section 183 may adversely impact the reliability of any confession obtained from an accused person during an investigation. The case of Shivappa v. State of Karnataka provides very clear admonition that it is the responsibility of Magistrates to ensure that confessions obtained from accused persons are free from coercive influence and made voluntarily. These principles remain fully applicable under Section 183 of BNSS.

Has Anything Changed Under BNSS, 2023?

While the criminal procedure law has been modernized, the core protection under Section 164 has been retained almost unchanged. Section 183 BNSS continues to safeguard personal liberty, prevent coercion, and ensure judicial oversight. Earlier case laws continue to guide courts in interpreting the provision.

What You Should Practically Do If Police Ask You for a Section 164 Statement

• Do not panic or rush

• Do not confess under pressure

• Understand you can refuse

• Ask for legal advice before proceeding

• Ensure police are not present during recording

• A single wrong statement can change totally the direction of the case. 

Why Legal Guidance at This Stage Is Crucial

Most of the people unknowingly weaken their own case by speaking without knowing the legal consequences. The early legal guidance makes sure that your rights are protected, that the Magistrate follows the correct process, and that no illegal pressure goes on record. In most of the cases, the proper handling of the Section 164 stage changes the entire direction of the prosecution.

Final Takeaway

A statement under Section 164 CrPC or Section 183 BNSS is not a routine step. It is a serious judicial process designed to protect individuals from misuse of power. Courts treat voluntariness as the soul of a valid confession, and any deviation from procedure can destroy its value.

If at all you are ever asked to give such a statement, you should not treat it casually. Understanding your rights as well as seeking timely legal advice can protect not only your case but also your freedom as well as reputation.

How Lead India Can Help You

• Expert Legal Consultation: Connect You with experienced criminal lawyers to advise you before giving any kind of statement as per Section 164 CrPC or Section 183 BNSS.

• Protection of Legal Rights: Protect Your Rights During Recording Process by ensuring that the Magistrate follows mandatory legal safeguards.

• Immediate Legal Intervention: Provide for Immediate Legal Assistance if at all you are being pressured to make the confession or statement.

• Representation Before Magistrate and Courts: Represent You Before Magistrate and Courts to mostly safeguard your interests throughout investigation and trial.

• Comprehensive Criminal Defence Support: Offer the End-to-End Criminal Defence Support from the police investigation and bail to trial as well as appeals, ensuring your rights remain protected at each and every stage.

One can talk to lawyer from Lead India for any kind of legal support. In India, free legal advice online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.