Section 183 of BNSS

Why in News? 

A Division Bench of Justice Rajiv Gupta and Justice Achal Sachdev, in Kirti Verma v. State of UP (2026), held that directions for re-recording a statement under Section 183 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) before a Magistrate can only be issued under exceptional circumstances. The Court dismissed a writ petition filed by a gang-rape victim who sought re-recording of her statement, finding no extraordinary circumstances warranting such relief. 

What was the Background of Kirti Verma v. State of UP (2026) Case? 

• The petitioner was a gang-rape victim who had her statement recorded under Section 183 BNSS (corresponding to the erstwhile Section 164 CrPC) before a Magistrate. 
• She approached the Allahabad High Court by way of a writ petition, seeking directions for re-recording her statement. 
• Her primary contention was that the statement had not been correctly recorded by the Magistrate and that its recording amounted to a gross violation of the express provisions of Section 183 BNSS. 
• She further alleged that the statement was not read over to her, nor was she given an opportunity to confirm its correctness. 
• Central Issue: 
• Whether the High Court, in exercise of its extraordinary jurisdiction, could direct re-recording of a victim's statement under Section 183 BNSS, and if so, under what circumstances. 

What were the Court's Observations? 

Purpose of Section 183 BNSS: 

• The Court observed that the primary purpose of Section 183 BNSS is to provide a safe, voluntary, and judicially supervised mechanism for recording confessions and statements during a criminal investigation. 

No Statutory Mandate for Repeated Recordings: 

• The Court held that Section 183 BNSS does not contemplate or authorise repeated recordings as a standard procedure.  

It remarked:"The purpose is to record a reliable, voluntary statement/confession once… There is no statutory mandate for multiple recordings of the same person's statement under Section 183 BNSS. Police statements under Section 180 BNSS (old Section 161 CrPC) can be recorded multiple times if needed during investigation, but magisterial statements under Section 183 BNSS are exceptional and meant to preserve evidence with higher reliability." 

When Re-Recording May Be Directed: 

The Court outlined specific exceptional circumstances where a fresh recording may be directed: 

• Where a prior statement was allegedly coerced or not voluntary. 
• Where the statement was improperly recorded. 
• Where fairness demands re-recording due to new material facts, witness hostility, or serious procedural lapses. 
• Where the integrity of the original statement is seriously compromised, especially in sensitive cases such as sexual offences or POCSO matters. 
• Where the victim claims the statement was not read over to her, raising serious questions about procedural compliance. 

Power Not to Be Exercised Routinely: 

• However, the Court emphatically stated that this power cannot be exercised as a general rule.  
• It remarked,"High Court in exercise of its extraordinary jurisdiction, if justified to rectify injustice, may issue directions for recording a second statement under Section 183 BNSS, but it cannot be exercised as a general rule where the victim alleges that her statement recorded under Section 183 BNSS was not read over to her or that she was not given an opportunity to confirm its correctness." 

Finding on Facts: 

• On perusing the victim's earlier statement, the Court noted that the statement clearly showed it had been given without any duress, that the petitioner had read the statement herself, and that she had signed it thereafter. All procedural aspects had been followed. 
• Finding no extraordinary circumstances warranting re-recording, the Court dismissed the writ petition. 

 What is Section 183 BNSS?  

About:  

• Section 183 of BNSS deals with the recording of confessions and statements.  
• This Section corresponds to Section 164 of the Code of Criminal Procedure, 1973.  

Who Can Record: 

• Any Magistrate of the district where the offence was registered, regardless of whether they have jurisdiction in the case. 
• Can be recorded during investigation, under any law, or before commencement of inquiry/trial. 
• Police officers granted Magistrate powers cannot record confessions. 

Mode of Recording: 

• Can be recorded through audio-video electronic means in the presence of the accused's advocate. 

Safeguards Before Recording a Confession: 

• Magistrate must explain that the person is not bound to confess. 
• Must warn that the confession may be used as evidence against them. 
• Must be satisfied that the confession is voluntary. 
• If the person refuses to confess at any point, the Magistrate cannot authorise police custody. 

Procedural Requirements: 

• Must be recorded as per Section 316 (examination of accused). 
• Must be signed by the person confessing. 
• Magistrate must append a memorandum certifying voluntariness, presence, and correctness. 

Recording of Statements (Non-Confession): 

• Recorded in the manner best suited to the circumstances. 
• Magistrate has power to administer oath. 

Special Provisions for Sexual Offence Victims: 

• Applies to offences under Sections 64–79 and 124 of BNS, 2023. 
• Statement must be recorded as soon as the offence is reported to police. 
• Preferably recorded by a woman Magistrate; if unavailable, by a male Magistrate in the presence of a woman. 
• For offences carrying 10+ years, life, or death sentence — statement of the witness brought by police must be recorded. 
• For mentally/physically disabled persons — interpreter or special educator must assist, and recording must be done through audio-video electronic means, preferably mobile phone. 
• Such a statement is treated as examination-in-chief, enabling cross-examination at trial without re-recording. 

Forwarding of Record: 

• The recorded confession or statement must be forwarded to the Magistrate who will inquire into or try the case.