How Does Section 183 Of Bnss Affect You? | New Rules For Recording Confession And Statement Explained

leadindia636
Oct 7, 2025
4 min read

Introduction:

With the introduction of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, India’s criminal justice process underwent a major modernization.One of the most significant updates is the replacement of Section 164 of the CrPC by Section 183 of the BNSS, which deals with the recording of confessions and statements before a Magistrate.

This change brings digital transparency, accountability, and protection of individual rights into the process of confession recording.

“Technology must aid transparency, not threaten liberty.”— Justice D.Y. Chandrachud, CJI

How Does Section 183 Of Bnss Affect You? | New Rules For Recording Confession And Statement Explained

Background: What Was Section 164 of the CrPC?

Under the Criminal Procedure Code, 1973, Section 164 CrPC governed how a Judicial Magistrate records a confession or statement during investigation.

Key Points Under CrPC 164:

Confessions must be voluntary, not forced.
The Magistrate must inform the accused that they are not bound to confess.
Such a confession, if recorded properly, can be used as evidence in court.
Statements from witnesses could also be recorded for corroboration.

However, this section lacked modern safeguards like video recording and real-time monitoring, which led to disputes over voluntariness and coercion.

What Is Section 183 of the BNSS, 2023?

Section 183 BNSS carries forward the essence of Section 164 CrPC but introduces several digital and procedural improvements.

Text Summary:

Section 183 BNSS empowers a Judicial Magistrate to record:

Confessions made voluntarily by an accused, and
Statements made by witnesses, either in writing or by electronic means (audio-video recording).

Objective:

To ensure that every confession or statement is:

Free from coercion,
Transparent and reliable, and
Protected by judicial oversight.

Key Differences Between Section 164 CrPC and Section 183 BNSS

Aspect	Old Section 164 CrPC	New Section 183 BNSS (2023)
Year of Law	1973	2023
Focus	Written recording only	Written + audio-video electronic recording
Technology	Not specified	Mandatory use of digital means where possible
Safeguards	Limited judicial checks	Expanded procedural safeguards
Transparency	Manual record	Digital evidence trace
Copy to Accused	Optional	Mandatory copy provided

Procedure Under Section 183 BNSS

Voluntariness Check:
The Magistrate must first ensure the accused is making the statement voluntarily, without pressure or inducement.
Caution to Accused:
Before recording, the Magistrate must inform the accused that:
They are not bound to confess, and
The confession may be used against them in a trial.
Recording Method:
Confession or statement is recorded in writing or electronically (audio-video).
Each line is read back and verified by the person giving it.
Signature & Authentication:
The person signs the document, or electronic authentication is recorded.
The Magistrate also signs and seals the statement.
Copy Provided:
A copy is given to the accused or witness for transparency.

Judicial Safeguards for Confessions

The voluntariness of confession is the cornerstone of this provision.

Courts have repeatedly held that any confession made under threat, coercion, or influence is invalid.

Section 183 thus ensures:

Magisterial supervision of confession.
Protection of fundamental rights under Article 20(3) (Right against Self-Incrimination).
Transparency through electronic recording.

“Confession must be voluntary; if obtained by threat, inducement, or promise, it loses its evidentiary value.”— State of Punjab v. Gurdeep Singh, AIR 1999 SC 2080

Important Supreme Court Judgments on Confession Statements

Pyare Lal Bhargava v. State of Rajasthan (1963):
Held that confessions must be made voluntarily and with full understanding of consequences.
Dagdu v. State of Maharashtra (1977):
Reiterated that the Judicial Magistrate must strictly follow the procedure while recording a confession.
State (NCT of Delhi) v. Navjot Sandhu (2005 – Parliament Attack Case):
Electronic and recorded evidence can be used to prove voluntariness if done transparently.
Selvi v. State of Karnataka (2010):
The Supreme Court barred narco-analysis and involuntary tests, emphasizing voluntary confession under judicial oversight.

Practical Importance for Accused and Witnesses

For the Accused:
Section 183 ensures that no one can be forced to confess under police pressure. The confession, if made, must be before a Magistrate — ensuring fairness.
For Witnesses:
Their statements get judicial credibility, helping strengthen the prosecution’s case lawfully.
For Courts:
Provides authentic, verifiable evidence, minimizing disputes about voluntariness.

Common Misuse & Safeguards

Some investigating officers previously pressured accused persons to make statements under Section 164 CrPC.

Now, Section 183 BNSS prevents such misuse by introducing:

Audio-video documentation,
Mandatory Magistrate certification, and
Digital proof of voluntariness.

“Judicial recording under Section 183 will serve as a strong wall against coercion and fabricated confessions.”— Justice S.K. Kaul (2023)

Conclusion – Strengthening Justice Through Transparency

Section 183 of the BNSS (replacing 164 CrPC) marks a major step toward modern, transparent, and rights-based justice.

It balances truth-seeking with individual protection, ensuring that every confession recorded is genuine and fair.

This reform aligns with the constitutional values of liberty, dignity, and fair trial under Articles 20 and 21.

“Justice must not only be done but must also be seen to be done — Section 183 ensures both.”

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FAQs

What is Section 183 BNSS?
It is the new provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 that deals with recording confessions and statements before a Magistrate, replacing Section 164 of the CrPC.
Who records the confession under Section 183 BNSS?
A Judicial Magistrate records confessions or witness statements, not the police.
Can the police use this confession as evidence?
Yes, but only if the confession was made voluntarily before a Magistrate under Section 183 BNSS.
Is video recording mandatory under Section 183 BNSS?
Yes, wherever possible, the Magistrate must record the statement through audio-video means to ensure transparency.
Can an accused withdraw a confession later?
Yes, if it’s proven that the confession was made under threat or pressure, the court may reject it as evidence.
What is the major difference between CrPC 164 and BNSS 183?
BNSS 183 adds electronic recording, digital proof, and stronger safeguards for fairness and transparency.
Does this section violate the right against self-incrimination?
No. The Magistrate must ensure voluntariness, thereby protecting the accused under Article 20(3) of the Constitution.