Once an FIR has been registered by the police, the evidence stages are mainly divided into three parts:
i. Recording statements under Section 180 of BNSS.
ii. Collecting evidence.
iii. Recording of confessions/ statements under Section 183 of BNSS before the magistrate.
i. Recording of Statement under Section 180 of BNSS
Section 180 of BNSS deals with the examination of witnesses by police. The Investigation Officer may issue a notice under Section 179 of BNSS to the witness to attend the police station for recording of a witness statement under Section 180 of BNSS. This recorded statement is not admissible as evidence and must be proved in a trial court by adducing evidence. Further, Section 180 (3) of BNSS also provides for the possibility statement being recorded by audio-video electronic means. Imperatively, the legislature has opted for the use of a precatory rather than mandatory language and using electronic means for recording a statement remains discretionary.
ii. Collecting evidence
Police officers are empowered to conduct inspections of a crime scene and/ or any other required place for the collection of evidence. Evidence may include – blood remains, weapons, soil, wall scrapings, car paint, clothes, etc. In crimes where documentary evidence is relevant, the police can summon a witness/ accused under Section 94 of BNSS for the production of documents and electronic communication, including devices that contain digital evidence.
iii. Recording of a Section 183 statement
It is not mandatory for the investigating agency to record Section 183 statements in all the cases, but as per the sub-clause 6, that is, Section 183(6A), in any case where offence is committed under Sections 64, 65, 66, 67, 68, 69, 70, 71, 74, 75, 76, 77, 78, 79 and 124, of BNS, the magistrate has to record a statement, under Section 183, of the person against whom the offence has been committed.
A statement recorded under Section 183 is admissible as evidence as the same is recorded before a judicial officer under oath. A statement recorded under Section 183 can be retracted by a person making the statement by way of an application before the Metropolitan/ Judicial Magistrate.
Source: Barandbench
