CrPC Section 164

BNSS Section 183— Recording of confessions and statements.

Effective for any FIR, charge sheet, or filing on or after 1 July 2024. Matters that arose before that date continue under the CrPC.

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.