Re-recording of statements under Section 183 BNSS not routine; High Court directs only in exceptional cases of grave procedural lapses, coercion or compromised voluntariness to prevent miscarriage of justice.

JUDGMENT :

Achal Sachdev, J.

1. The petitioner has filed a certified copy of her statement in the present case recorded under Section 183 B.N.S.S. before the Magistrate concerned.

2. Heard the petitioner Kirti Verma, who appears in person, learned A.G.A. for the State and perused the record and the case law cited by the petitioner.

3. The Petitioner, Kirti Verma, is complainant/victim in case crime number 320 of 2024, under sections 70(1), 352, 351(1), 61(2) B.N.S., 2023, Police Station Rani Ki Sarai, Azamgarh.

4. The petitioner, who is victim herein, has filed the present writ petition seeking issue of writ, order or direction in the nature of mandamus commanding and directing the respondent to re-record the statement of the victim/petitioner again under section 183 of B.N.S.S. 2023, in pursuance of order dated 13.01.2026 passed by the learned Additional District & Session Jude, FTC Court No. 01, Azamgarh and issue any other suitable writ, order or direction which the Court may deem fit and proper under the facts and circumstances of the case.

5. The petitioner has submitted that the petition is being filed strictly in compliance with and pursuant to the liberty granted by the order dated 13.01.2026 and is confined only to be procedural aspect as indicated by the learned court below and the petitioner is not seeking adjudication on the merits of the case, nor raising any factual controversy. The petitioner further submits that her statement has not been correctly recorded by the Magistrate and there has been gross violation of the express provisions of Section 183 B.N.S.S., which necessitates directions of this Court for re-recording of her statement under B.N.S.S.

6. The learned Additional District & Session Judge, FTC Court No.01, Azamgarh in it’s order dated 13.01.2026, while disposing applications dated 08.12.2025 and 09.01.2026 for re-recording of her statement under Section 183 B.N.S.S., made the following observations:-

(a). the Statement under section 183 B.N.S.S. is ordinarily recorded only once.

(b). any direction for recording such statement again can be issued only by the Hon'ble High Court or Hon'ble Supreme Court.

(c). until the procedural statement is clarified, it would not be appropriate to proceed further in the matter.

7. At this juncture, it is pertinent to refer to the provisions of Section 183 of B.N.S.S.

“183. (1). Any Magistrate of the District in which the information about commission of any offence has been registered, may, whether or not he has jurisdiction in the case, record any confession or statement made to him in the course of an investigation under this Chapter or under any other law for the time being in force, or at any time afterwards but before the commencement of the inquiry or trial:

Provided that any confession or statement made under this sub-section may also be recorded by audio-video electronic means in the presence of the advocate of the person accused of an offence:

Provided further that no confession shall be recorded by a police officer on whom any power of a Magistrate has been conferred under any law for the time being in force.

(2). The Magistrate shall, before recording any such confession, explain to the person making it that he is not bound to make a confession and that, if he does so, it may be used as evidence against him; and the Magistrate shall not record any such confession unless, upon questioning the person making it, he has reas