Which one of the following is not correct in respect of the recording of a confession under section 183…
The second proviso to section 183(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly s.164 CrPC) states that no confession shall be recorded by a police officer on…
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Which one of the following is not correct in respect of the recording of a confession under section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023?
Answer and explanation
Correct answer B
The second proviso to section 183(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly s.164 CrPC) states that no confession shall be recorded by a police officer on whom any power of a Magistrate has been conferred, so "It may be recorded by a police officer on whom any power of a Magistrate has been conferred" is not correct. The other statements are correct: the first proviso to section 183(1) permits a confession to be recorded by audio-video electronic means in the presence of the advocate of the accused, and section 183(2) requires the Magistrate, before recording it, to explain that the person is not bound to make a confession and that it may be used as evidence against him, and not to record it unless he has reason to believe that it is being made voluntarily.
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