Recording of rape victim statement at her residence [Sec.176 BNSS]
In relation to the offence of rape, the recording of the statement of victim shall be
conducted at the residence of victim or at the place of her choice by a woman police
officer in the presence of her parent or guardian or near relative or social worker of the
locality. Such statement may also be recorded by audio-video electronic means
including mobile phone.
Note: CrPC did not have any provision for recording the statement of victim of sexual
assault through mobile phone.
ii. Woman Police officer to record the statement of victim of sexual assault
[Sec. 180 BNSS]
The statement of a woman, against whom sexual assault is alleged to have been
committed or attempted, shall be recorded by a woman police officer or any woman
officer. Such statements may also be recorded by audio-video electronic means.
iii. Recording of statement of victim of sexual assault by female Judicial Magistrate
[Sec. 183 BNSS]
Section 183 (6) (a) mandates that the statement of the victim of the rape shall be
recorded only by a woman Judicial Magistrate and in her absence, by a male Judicial
Magistrate in the presence of a woman.
iv. Women, persons above 60 or with acute illness not bound to attend Police station
[Sec. 179 BNSS]
a) no male person under 15 years or above 60 years of age
b) no woman
c) no mentally or physically disabled person
d) no person with acute illness
shall be called to police station for recording of their statement. However, if the said person is willing to attend the police station he or she may be permitted to so
Recording of statement by Judicial Magistrate of witness in offences punishable
with imprisonment for 10 years or more [Sec. 183 (6) BNSS]
1)In cases relating to the offences punishable with imprisonment for 10 years or life
or death, the Judicial Magistrate shall record the statement of the witness brought before him by the police officer.
Note: CrPC did not have any provision like this.
2) If the person making the statement is temporarily or permanently, mentally or
physically disabled, the statement made by the person with the assistance of an
interpreter or a special educator, shall be recorded through audio-video electronic
means, preferably by mobile phone.
