Voluntariness Under Section 183 BNSS: A Human Rights Critique Of Magistrate-Recorded Statements
- IJLLR Journal
- May 2
- 1 min read
Jaykumar Navinchandra Vankar, Gujarat National Law University
ABSTRACT
This paper examines the doctrine of voluntariness in confessions recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, with a focus on whether existing legal safeguards ensure substantive or merely formal compliance. It analyses the statutory framework under the Bharatiya Sakshya Adhiniyam governing admissibility of confessions, particularly the exclusionary rules relating to inducement, threat, promise and police custody, alongside the procedural obligations imposed on Magistrates to independently verify voluntariness. The study further evaluates judicial standards developed by the Supreme Court, including requirements of meaningful scrutiny, cooling-off periods and caution toward retracted confessions. A human rights perspective is incorporated through Articles 20(3) and 21 of the Constitution, as well as international instruments such as the ICCPR and the Convention Against Torture, which collectively prohibit compelled self-incrimination and coercive interrogation. The paper argues that despite a robust doctrinal and statutory structure, practical realities of custodial interrogation—marked by systemic coercion, socio-economic vulnerability of accused persons and mechanical judicial compliance— undermine the authenticity of confessions. It concludes that voluntariness is often reduced to formal certification rather than a reflection of genuine free will, revealing a structural imbalance between State power and individual autonomy that necessitates stricter enforcement and institutional reform.
