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The courts have also recognized that victim statements under BNSS, including Section 183, are vital for case proceedings and can be recorded remotely, such as in cases involving victims abroad or unable to appear physically ["SRI SRISHANTH @ SRIKANTH @ APPU vs STATE BY CHIKKAJALA P.S. - Karnataka"].
Analysis and Conclusion:
References:- ["GUDIA DEVI vs UT OF J AND K TH SENIOR SUPERINTENDENT OF POLICE RAJOURI AND ANOTHER - Jammu and Kashmir"]- ["Rameshan, S/O Chellappan Achari vs State Of Kerala, Represented By The Public Prosecutor - Kerala"]- ["SRI SRISHANTH @ SRIKANTH @ APPU vs STATE BY CHIKKAJALA P.S. - Karnataka"]- ["BASANTA KETKI vs STATE OF ODISHA - Orissa"]
In an era where technology is reshaping judicial processes, questions about remote recording of sensitive statements are increasingly common. Can a statement of a victim under Section 183(6) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, be recorded through Video Linkage Rules in Kerala? This is a critical query for legal practitioners, victims' advocates, and those navigating criminal proceedings in the state.
Modern laws like BNSS emphasize victim protection and efficient justice delivery. Section 183(6) BNSS deals with the recording of victim or witness statements during investigations, often to capture accurate, tamper-proof accounts. With Kerala's progressive adoption of electronic means, video linkage offers a trauma-minimizing alternative. This post explores the legal permissibility, backed by statutes, rules, and precedents. Note: This is general information, not specific legal advice. Consult a qualified lawyer for your case.
Section 183 of BNSS governs the recording of statements by police or magistrates. Specifically, subsection (6) allows magistrates to record statements of victims, particularly in cases involving vulnerable individuals, to ensure reliability and prevent coercion. Asha Ranjan VS State of Bihar - 2017 2 Supreme 643 highlights that Recording witness statements has multiple benefits: it captures nuances of demeanour and detail that written summaries might miss; it deters coercion or tutoring of witnesses; and it creates a precise record that can be used to verify the witness’s testimony in court.
Traditional in-person recordings can be distressing for victims. Enter video linkage: a method using audio-video electronic means, explicitly endorsed under BNSS Sections 180 and 183. Asha Ranjan VS State of Bihar - 2017 2 Supreme 643
Kerala's judiciary has pioneered digital proceedings. The Kerala Rules for Video ConferencingALEX C. JOSEPH S/O C. A. JOSEPH VS STATE OF KERALA - 2024 0 Supreme(Ker) 1621 provide detailed protocols for remote examinations, including statements at Remote Points. Key provisions include:
Recently, the Electronic Audio-Video Linkage Rules (Kerala), 2025The Registrar General vs The Registrar General - 2025 Supreme(Online)(Ker) 58349 were approved under Section 530 BNSS. These rules apply to High Courts, District Courts, and tribunals, deeming electronic proceedings as judicial ones. They mandate confidentiality, security, and visibility/audibility for participants, facilitating remote evidence recording. The Registrar General vs The Registrar General - 2025 Supreme(Online)(Ker) 58349
These rules explicitly authorize recording statements via electronic video linkage, aligning perfectly with Section 183(6) BNSS needs.
The Supreme Court has firmly supported video conferencing for evidence. In State of Maharashtra v. Praful B. Desai (2003)Vidhya Mundekkat D/o Kesavan Mundekkat VS Akhilesh Jayaram S/o P. C. Jayaram - 2021 0 Supreme(Ker) 885, it held: Video conferencing is an advancement in science and technology which permits one to see, hear and talk with someone far away, with the same facility and ease as if he is present before you i.e., in your presence. Such recordings follow procedure established by law. Vidhya Mundekkat D/o Kesavan Mundekkat VS Akhilesh Jayaram S/o P. C. Jayaram - 2021 0 Supreme(Ker) 885
This extends to criminal cases, including witness statements under CrPC equivalents in BNSS. Manju Devi VS State of Rajasthan - 2019 4 Supreme 685 reinforces remote recording for material witnesses, even foreign ones, under Sections 284/285 CrPC and Evidence Act Section 3.
Yes, victim statements under Section 183(6) BNSS may be recorded via Kerala's Video Linkage Rules, subject to procedural compliance. Here's why:
Recent cases illustrate Section 183 statements' routine use, often supporting bail or defenses where victims confirm voluntary actions. For instance:
While these don't specify video, they align with electronic recording's benefits, as victims' demeanour and details are preserved accurately. Asha Ranjan VS State of Bihar - 2017 2 Supreme 643
To ensure validity:
The 2025 Rules emphasize fairness and security in electronic trials. The Registrar General vs The Registrar General - 2025 Supreme(Online)(Ker) 58349
Other precedents affirm bail principles, noting statements' role without needing custodial interrogation. Navas S/o Shamsudheen Vs State Of Kerala - 2025 Supreme(Ker) 543Saood vs State of Himachal Pradesh - 2025 Supreme(HP) 455
Challenges include technical glitches or privacy breaches, but rules mitigate these via protocols. Courts typically ensure:
Legal teams should petition magistrates early, citing Kerala Rules and Praful Desai. Vidhya Mundekkat D/o Kesavan Mundekkat VS Akhilesh Jayaram S/o P. C. Jayaram - 2021 0 Supreme(Ker) 885
Kerala's robust framework—BNSS provisions, Video Conferencing Rules ALEX C. JOSEPH S/O C. A. JOSEPH VS STATE OF KERALA - 2024 0 Supreme(Ker) 1621, 2025 Linkage Rules The Registrar General vs The Registrar General - 2025 Supreme(Online)(Ker) 58349, and Supreme Court backing Vidhya Mundekkat D/o Kesavan Mundekkat VS Akhilesh Jayaram S/o P. C. Jayaram - 2021 0 Supreme(Ker) 885—generally permits recording victim statements under Section 183(6) BNSS via video linkage. This advances justice while protecting rights.
Key Takeaways:- Permissible: Yes, with safeguards. ALEX C. JOSEPH S/O C. A. JOSEPH VS STATE OF KERALA - 2024 0 Supreme(Ker) 1621Asha Ranjan VS State of Bihar - 2017 2 Supreme 643- Supported by Judiciary: Praful B. Desai affirms legality. Vidhya Mundekkat D/o Kesavan Mundekkat VS Akhilesh Jayaram S/o P. C. Jayaram - 2021 0 Supreme(Ker) 885- Victim-Centric: Enhances protection and accuracy.- Procedural Compliance Essential: Follow rules for admissibility.
Stay informed on evolving tech in law. For case-specific guidance, seek professional advice.
He submitted that since the earlier statement of the petitioner recorded during investigation in terms of Section 183 BNSS is not voluntary as admitted by the petitioner herself, as such, her statement for bringing on record a true account needs to be re-recorded before a Competent Magistrate. ... That she was told by her aforesaid relatives that if she does not make a statement under Section 183 BNSS#HL_....
Filing Rules for Court (Kerala), 2021 (for brevity, hereinafter, referred to as the ‘Linkage Rules' and ‘Filing Rules’). ... Rule 3 of the Linkage Rules empowers the use of the electronic video linkage facility at all stages of a judicial proceeding. Under Rule 6 of the said Rules, a party to the proceedings or a witness can make an application....
Bharatiya Nagarik Suraksha Sanhita , 2023 (Act 46 of 2023) and in exercise of all other powers enabling it in this behalf, the High Court of Kerala, in supersession of the existing Rules on the subject, and with the previous approval of the Governor of Kerala conveyed in..
(1) OF BNS SEC.5(L),6 OF POCSO ACT 2012 UNDER SEC.3(2)(v) OF PREVENTION OF ATROCITIES ACT 1989 PASS BY THE COURT OF HON'BLE COURT OF THE FTSC IV ADDL. ... " 6. The victim has not whispered anything against this accused at the time of recording statement under Section 183 of BNSS-2023. During the cross-examina....
Statement of the victim girl has been recorded under Section 183 of BNSS wherein the victim girl has deposed that she is aged 19 years and petitioner also thought that she was aged 19 years. ... Statement of the victim girl recorded under Section 183 of BNSS indicate that the victim girl voluntarily went with....
Further, Mr.Dash submits that immediately after the occurrence, the statement of the victim was recorded, but in such statement, the victim has not whispered the name of the present petitioner and, therefore, the petitioner being innocent person is entitled to bail. ... PP by inviting attention of the Court to the U/S.183 BNSS statement of the victim submits tha....
Upon a careful perusal of the record, especially the statements of the victim recorded under Sections 180 and 183 of the BNSS, it appears that the victim has categorically stated that she had accompanied the petitioner voluntarily and that no force or coercion was exercised upon her ... In support of this contention, reliance has been placed upon the victim’s statements recorded under Sections 180 and 18....
Age of the victim girl is 15 years 9 months as on the date of the alleged offence. During investigation statement of the victim girl has been recorded under Section 183 of BNSS. ... The victim girl has stated the same in her statement recorded under Section 183 of BNSS. Petitioner has married the vi....
The statement of victim girl recorded under Section 183 of BNSS Act, 2023, and also recorded by the police indicate that there was love affair between petitioner and the victim girl. The victim is of the age of understanding the consequences of her acts. ... The learned counsel for the petitioner would contend that, the statement of#H....
During the course of investigation, petitioner and victim were traced together in Bangalore. Statement of the victim girl under Section 183 of Bharatiya Nagarik Suraksha Sanhita 2023 was recorded by the jurisdictional Magistrate on 31.08.2024. ... Investigation of the case is complete and charge sheet has been filed. The victim girl has not made any serious allegation against the petitioner in her....
10. During investigation, on 29.03.2025, the prosecutrix was medico-legally examined and on 30.3.2025, the spot was visited, from where, the applicant forcibly made her to sit in the car and spot map was prepared. Spot was videographed. 12. On 3.4.2025, the prosecutrix identified the room in the house of applicant-Saood, where, she had allegedly been raped, from where, a bed sheet was also taken into possession. In the status report, which has been filed on 9.4.2025, it has been mentioned that the vehicle used in the alleged crime is yet to be recovered. 13. After perusing the said status re....
7.4. It is the case of the police that thereafter, the child victim was produced before the Court of learned Judicial Magistrate First Class, Thunag, where, her statement, under Section 183 of BNSS, was recorded. 7.5. On 12.03.2025, the statement of the witness, under Section 180 of BNSS, was recorded, in which, she has got recorded that after passing Class IX examination, she has discontinued her studies. According to her, they are seven brothers and sisters and her parents are agriculturists by profession. 7.3. Thereafter, child victim disclosed the said fact to Jamuna on....
8.4 On 20.3.2025, the Medical Officer, Regional Hospital, Reckong Peo medically examined the child victim. On 20.3.2025, statement of the child victim was got recorded, under Section 183 BNSS. The date of birth of the child victim was found to be 6.3.2008. 8.5 After perusing the said status report, interim protection was granted to the applicant, on 1.4.2025, and the matter was adjourned, for today. 8.3 It has been mentioned in the status report that the child victim was got medically examined at PHC, Moorang. Thereafter, the statement of the child victim was recorded, unde....
“7.1. From a plain reading of the aforesaid provision, it is evident that a person accused of an offence punishable with imprisonment for a term which may be less than seven years or which may extend to seven years with or without fine, cannot be arrested by the police officer only on his satisfaction that such person had committed the offence punishable as aforesaid. A police officer before arrest, in such cases has to be further satisfied that such arrest is necessary to prevent such person from committing any further offence; or for proper investigation of the case: or to prevent the accu....
4. Learned counsel submitted that though as per the prosecution, the date of birth of the victim is 12.08.2010 but she in all her statements has disclosed her date of birth to be 01.01.2006. Even the information furnished by the Principle, Govt. Girls Sr. Sec. School, Shastri Nagar, to the SHO, P.S. Shastri Nagar indicates her date of birth to be 01.01.2006. 3. Learned counsel for the petitioner submitted that the statements of the victim recorded on 07.08.2024 under Section 183 BNSS clearly indicates that on 01.05.2024, victim eloped with the petitioner from her father’s house and....
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