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An accused person’s confession purports to have been recorded under section 183 of the Bharatiya…

The court may take evidence about non-compliance when a confession recorded or purportedly recorded under section 183 or 316 is tendered or has been received. Admission…

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An accused person’s confession purports to have been recorded under section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The trial court finds a recording defect. When may it admit the confession under section 509?

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Answer and explanation

Correct answer B

The court may take evidence about non-compliance when a confession recorded or purportedly recorded under section 183 or 316 is tendered or has been received.

Admission depends on the court being satisfied the accused duly made the recorded statement and the defect did not injure the defence on the merits.

Option feedback

Option A

Good faith and the absence of an immediate objection do not establish the two statutory findings.

Option B

Section 509 authorizes evidence about non-compliance and makes admission conditional on both statutory findings.

Option C

An officer’s confirmation and the recorded name do not establish both due making and absence of prejudice.

Option D

Evidence of guilt and identification of the offence do not replace the two statutory findings.

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