Authority to Record Statements:
Any Metropolitan Magistrate or Judicial Magistrate, regardless of jurisdiction, may record a confession or statement made to them:

• During an investigation under this Chapter or any other law in force.
• At any time before the commencement of inquiry or trial.

Recording Through Electronic Means:

• Such confession or statement may also be recorded through audio-video electronic means in the presence of the accused’s advocate.
• However, no confession shall be recorded by a police officer who has been conferred with Magisterial powers under any law.

Ensuring Voluntariness:

• Before recording a confession, the Magistrate shall explain to the accused that:
  • They are not bound to make a confession.
  • If they do, it may be used as evidence against them.
• The Magistrate shall question the accused to ensure the confession is made voluntarily.
• If the accused refuses to confess, the Magistrate shall not authorize police custody.

Procedure for Recording Confessions:

• A confession shall be recorded as per Section 281, in the same manner as an accused’s examination.

• It shall be signed by the person making the confession.

• The Magistrate shall add a memorandum at the end of the confession, stating:

“I have explained to (name) that they are not bound to make a confession and that any confession made may be used as evidence against them. I believe this confession was made voluntarily. It was recorded in my presence and hearing, read over to the person, admitted by them to be correct, and contains a full and true account of the statement made.”

(Signed) A.B., Magistrate

Recording of Other Statements:

• Any statement (other than a confession) shall be recorded as per the procedure for recording evidence, as deemed fit by the Magistrate.
• The Magistrate has the power to administer an oath to the person making the statement.

Special Provisions for Certain Offences (Section 5A):

• In cases of sexual offences under Sections 354, 354A, 354B, 354C, 354D, 376, 376A, 376B, 376C, 376D, 376E, or 509 of the Indian Penal Code, the Judicial Magistrate shall record the statement of the victim as soon as the offence is reported.
• If the victim is mentally or physically disabled, the Magistrate shall:
  • Take assistance from an interpreter or special educator while recording the statement.
  • Video record the statement for accuracy.
• Such a statement shall be treated as a substitute for examination-in-chief under Section 137 of the Indian Evidence Act, 1872, meaning the victim can be cross-examined directly without the need to re-record the statement at trial.

Forwarding of Confessions and Statements:

• The Magistrate shall forward the recorded confession or statement to the Magistrate responsible for inquiring into or trying the case.