Section 164 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 164 — Bharatiya Sakshya Adhiniyam (BSA), 2023
Title of Section 164
“Recording of Confessions and Statements by Magistrates”
Substance of Section 164
Section 164 BSA, 2023 provides that:
A Magistrate may, in the presence of a legal or authorized officer, record any confession or statement made to him voluntarily by a person accused of an offence, whether or not the offence is cognizable, and such confession or statement may be used as evidence in a court of law.
In simpler terms:
Magistrates have the authority to record confessions and statements of accused persons.
The confession or statement must be voluntary, without coercion or threat.
Such recorded confessions and statements can be admissible as evidence in trials.
Purpose and Rationale
Ensure Voluntary Confessions
Prevents coercion or torture in obtaining confessions.
Preserve Legal Evidence
Provides a formal and verifiable record for use in judicial proceedings.
Safeguard Accused Rights
Ensures that statements are recorded under legal supervision, protecting the accused’s legal rights.
Essential Elements of Section 164
To comply with Section 164, the following elements must exist:
1. Recording by Magistrate
Only a Magistrate is empowered to record the confession or statement.
Police officers cannot directly record confessions under this section.
2. Voluntary Confession
The statement must be made voluntarily, without threat, coercion, inducement, or promise.
Statements extracted under pressure are inadmissible.
3. Presence of Legal/Authorized Officer
In some cases, the presence of a legal advisor or authorized officer is required to ensure fairness.
4. Use as Evidence
The recorded confession or statement can be used as evidence in court, subject to verification of voluntariness and legality.
Illustrations
Illustration 1 – Voluntary Confession
A confesses to a magistrate that he committed theft.
Magistrate records the confession under Section 164.
The confession can be admitted as evidence in court.
Illustration 2 – Coerced Statement
A is threatened by police and then confesses to a crime.
Statement is not voluntary.
Cannot be recorded under Section 164, and will be inadmissible in court.
Illustration 3 – Statement of Facts
A accused of fraud provides a detailed account of his version of events to a magistrate.
Statement is recorded under Section 164.
Can be used as evidence during trial.
Legal Principles
Voluntariness is Key
Courts examine whether the accused was free from threat, inducement, or coercion.
Magistrate’s Role
Ensures impartial recording of statements.
Acts as a safeguard against abuse by law enforcement.
Distinction from Police Statements
Statements recorded by police may be inadmissible if they fail to meet voluntariness criteria.
Admissibility
Recorded statements under Section 164 are strong evidence but may require corroboration depending on the case.
Practical Implications
For Accused: Provides protection against forced confessions.
For Magistrates: Legal duty to ensure statements are voluntary and properly recorded.
For Courts: Such statements form credible and admissible evidence if recorded lawfully.
Key Takeaways
Section 164 BSA allows Magistrates to record confessions or statements voluntarily made by accused persons.
Voluntariness is essential — coercion invalidates the recording.
Recording ensures fair trial and proper evidence.
Statements can be used as evidence in court.
Acts as a safeguard against abuse by police or other authorities.
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