Court emphasizes procedural safeguards and exceptional circumstances for re-recording statements.
The Allahabad High Court, in a recent judgment, declined the petition filed by Kirti Verma seeking a directive for the re-recording of her statement under Section 183 of the Bharatiya Nagarik Suraksha Sanhita (B.N.S.S.), 2023. The petitioner, who is the complainant and victim in a case registered under various sections of the B.N.S.S., contended that her initial statement was not accurately recorded by the Magistrate, thereby violating procedural safeguards.
The Division Bench comprising Justices Rajiv Gupta and Achal Sachdev, after hearing the petitioner in person and the learned Assistant Government Advocate for the State, emphasized that Section 183 B.N.S.S. does not contemplate routine or multiple recordings of a person's statement. The judgment noted that statements recorded by a Magistrate are intended to be done once to ensure voluntariness and accuracy, and any deviation from this can be directed only under exceptional circumstances by the High Court or Supreme Court.
The Court examined the procedural safeguards under Section 183, which acts as a judicial filter between police investigations and trial evidence, ensuring that statements or confessions are made voluntarily and are reliable. The Bench highlighted that the power to direct re-recording of a statement is an extraordinary jurisdiction exercised only to rectify injustice or grave procedural irregularities and cannot be invoked as a general rule.
Upon reviewing the certified copy of Kirti Verma's statement, the Court found no evidence of procedural lapses or coercion. The statement was recorded based on the victim's oral narration, read by her, and signed voluntarily. Therefore, the Court concluded that there were no extraordinary circumstances warranting the re-recording of the statement and dismissed the petition.
The judgment reiterates the importance of procedural integrity and the limited scope for judicial intervention in re-recording statements, underscoring the balance between effective prosecution and protection of individual rights.
Bottom Line:
Section 183 of Bharatiya Nagarik Suraksha Sanhita (B.N.S.S.), 2023 does not authorize routine or multiple recordings of a person's statement/confession. High Court or Supreme Court can only issue directions for re-recording under exceptional circumstances where original statement's integrity is compromised.
Statutory provision(s): Section 183 of Bharatiya Nagarik Suraksha Sanhita (B.N.S.S.), 2023
Kirti Verma v. State of U.P., (Allahabad)(DB) : Law Finder Doc id # 2858991
