(1)Any Metropolitan Magistrate or Judicial Magistrate 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 before
the commencement of the inquiry or trial:
1[Provided that any confession or statement made under this sub -section may also be recorded by audio -video
electronic means in the presence o f 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, befo re 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 th e person making it, he has reason to believe that it is
being made voluntarily.
(3)If at any time before the confession is recorded, the person appearing before the Magistrate states that he is not
willing to make the confession, the Magistrate shall not authorise the detention of such person in police custody.
(4)Any such confession shall be recorded in the manner provided in section 281 for recording the examination
of an accused person and shall be signed by the person making the confession; and the Ma gistrate shall make a
memorandum at the foot of such record to the following effect: -
“I have explained to (name) that he is not bound to make a confession and that, if he does so, any confession
he may make may be used as evidence against him and I believ e that this confession was voluntarily made. It
was taken in my presence and hearing, and was read over to the person making it and admitted by him to be
correct, and it contains a full and true account of the statement made by him.
(Signed ) A. B.
Magistra te.”
(5)Any statement (other than a confession) made under sub -section (1) shall be recorded in such manner
hereinafter provided for the recording of evidence as is, in the opinion of the Magistrate, best fitted to the
circumstances of the case; and the M agistrate shall have power to administer oath to the person whose statement is
so recorded.
2[(5A) (a) In cases punishable under section 354, section 354A, section 354B, section 354C, section 354D,
sub-section ( 1) or sub -section ( 2) of secti on 376, 3[section 376A, section 376AB, section 376B, section 376C,