Recording of confessions and statements.

What this section does

Any Magistrate of the district where the offence was registered may record confessions or statements made during investigation, whether or not the Magistrate has jurisdiction, and such recording may be done by audio-video electronic means in the presence of the accused's advocate. Before recording a confession, the Magistrate must explain that the person is not bound to confess and that the confession may be used as evidence, and must be satisfied it is voluntary; if the person states unwillingness to confess, the Magistrate shall not authorise police custody. For offences under specified sections of the Bharatiya Nyaya Sanhita, 2023 (including sexual offences), the Magistrate must record the victim's statement as soon as the offence is reported, preferably by a woman Magistrate, with special provisions for disabled persons including audio-video recording, and such statement serves as examination-in-chief.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Procedure at a glance

Key actors

Magistrate · Accused · Advocate · Police officer · Victim · Interpreter · Special educator

Time limit

None specified

• CRPC Section 164 — Recording of confessions / statements by Magistrate