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(꯱) ꯃꯔꯥꯜꯑꯃꯒꯤꯃꯇꯥꯡꯗꯏ-ꯄꯥꯎꯄꯤꯈꯤꯕꯖꯤꯂꯥꯒꯤꯃꯦꯖꯤꯁꯇ꯭ꯔꯦꯠꯑꯃꯍꯦꯛꯇꯅ, ꯀꯦꯁꯑꯗꯨꯗꯃꯍꯥꯛꯀꯤꯂꯝꯈꯩ ꯂꯩꯔꯕꯁꯨꯅꯠꯇ꯭ꯔꯒꯂꯩꯇ꯭ꯔꯕꯁꯨ, ꯆꯞꯇꯔꯑꯁꯤꯒꯤꯃꯈꯥꯗꯅꯠꯇ꯭ꯔꯒꯃꯇꯝꯑꯗꯨꯗꯆꯠꯅꯔꯤꯕꯑꯇꯣꯞꯄꯑꯥꯏꯟꯑꯃꯍꯦꯛꯇꯒꯤꯃꯈꯥꯗ, ꯅꯠꯇ꯭ꯔꯒꯃꯗꯨꯒꯤꯃꯇꯨꯡꯗꯃꯇꯝꯑꯃꯍꯦꯛꯇꯗꯑꯗꯨꯕꯨꯊꯤꯖꯤꯟ-ꯍꯨꯝꯖꯤꯟꯕꯒꯤꯊꯕꯛꯅꯠꯇ꯭ꯔꯒꯋꯥꯌꯦꯜꯍꯧꯗ꯭ꯔꯤꯉꯩꯃꯃꯥꯡꯗꯃꯍꯥꯛꯄꯨ ꯄꯤꯈꯤꯕꯑꯌꯥꯕꯅꯠꯇ꯭ꯔꯒꯋꯥꯐꯝꯑꯃꯍꯦꯛꯇꯕꯨꯔꯦꯀꯣꯔ ꯭ ꯗꯇꯧꯕꯌꯥꯏ꯫ ꯄꯤꯔꯤꯕ ꯋꯥꯐꯝꯗꯤ ꯁꯕ-ꯁꯦꯛꯁꯟ ꯑꯁꯤꯒꯤ ꯃꯈꯥꯗ ꯄꯤꯔꯤꯕ ꯀꯟꯐꯦꯁꯟ ꯅꯠꯇ꯭ꯔꯒ ꯁ ꯭ ꯇꯦꯠꯃꯦꯟꯠ ꯑꯃꯍꯦꯛꯇꯕꯨ ꯑꯣꯗꯤꯑꯣ-ꯚꯤꯗꯤꯑꯣꯏꯂꯦꯛꯇ꯭ꯔꯣꯅꯤꯛꯑꯣꯏꯕꯃꯑꯣꯡꯗꯃꯔꯥꯜꯂꯩꯕꯃꯤꯑꯣꯏꯑꯗꯨꯒꯤꯎꯀꯤꯜꯑꯗꯨꯒꯤꯃꯃꯥꯡꯗꯔꯦꯀꯣꯔ ꯭ ꯗꯇꯧꯕꯌꯥꯏ꯫ ꯃꯇꯝꯑꯗꯨꯗꯆꯠꯅꯔꯤꯕꯑꯥꯏꯟꯑꯃꯍꯦꯛꯇꯒꯤꯃꯈꯥꯗꯃꯦꯖꯤꯁꯇ꯭ꯔꯦꯠꯑꯃꯒꯤꯁꯛꯇꯤꯑꯃꯠꯇꯄꯤꯈ꯭ꯔꯕꯄꯨꯂꯤꯁꯑꯣꯐꯤꯁꯔ ꯑꯃꯅꯀꯟꯐꯦꯁꯟꯑꯃꯠꯇꯔꯦꯀꯣꯔ ꯭ ꯗꯇꯧꯔꯣꯏꯍꯥꯏꯕꯋꯥꯐꯝꯑꯁꯤꯃꯈꯥꯇꯥꯅꯄꯤ꯫ (꯲) ꯃꯦꯖꯤꯁꯇ꯭ꯔꯦꯠꯅ, ꯑꯁꯤꯒꯨꯝꯕꯀꯟꯐꯦꯁꯟꯑꯃꯍꯦꯛꯇꯕꯨꯔꯦꯀꯣꯔ ꯭ ꯗꯇꯧꯗ꯭ꯔꯤꯉꯩꯃꯃꯥꯡꯗ, ꯃꯍꯥꯛꯅꯀꯟꯐꯦꯁꯟꯑꯃꯄꯤꯕꯒꯤ ꯃꯊꯧꯇꯥꯗꯦꯑꯃꯁꯨꯡꯀꯔꯤꯒꯨꯝꯕꯃꯍꯥꯛꯅꯇꯧꯔꯕꯗꯤ, ꯃꯁꯤꯃꯍꯥꯛꯀꯤꯃꯥꯌꯣꯛꯇꯄ ꯭ ꯔꯃꯥꯟꯑꯣꯏꯅꯁꯤꯖꯤꯟꯅꯕꯌꯥꯏꯍꯥꯏꯅꯁꯦꯝꯂꯤꯕ ꯃꯤꯑꯣꯏꯑꯗꯨꯗꯁꯟꯗꯣꯛꯅꯇꯥꯛꯀꯅꯤ; ꯑꯃꯁꯨꯡꯃꯦꯖꯤꯁ ꯭ ꯇ꯭ꯔꯦꯠꯅꯑꯁꯤꯒꯨꯝꯕꯀꯟꯐꯦꯁꯟꯑꯃꯠꯇꯔꯦꯀꯣꯔ ꯭ ꯗꯇꯧꯗ꯭ꯔꯕꯗꯤ, ꯃꯗꯨ ꯁꯦꯝꯂꯤꯕꯃꯤꯑꯣꯏꯑꯗꯨꯗꯊꯤꯖꯤꯟ-ꯍꯨꯝꯖꯤꯟꯇꯧꯔꯕꯃꯇꯨꯡꯗ, ꯃꯍꯥꯛꯅꯃꯁꯤꯂꯟꯅꯥꯏꯑꯣꯏꯅꯇꯧꯔꯦꯍꯥꯏꯅꯊꯥꯖꯕꯒꯤꯃꯔꯝꯂꯩꯔꯕꯗꯤ꯫ (꯳) ꯀꯔꯤꯒꯨꯝꯕꯀꯟꯐꯦꯁꯟꯑꯗꯨꯔꯦꯀꯣꯔ ꯭ ꯗꯇꯧꯗ꯭ꯔꯤꯉꯩꯃꯃꯥꯡꯗꯃꯇꯝꯑꯃꯍꯦꯛꯇꯗ, ꯃꯦꯖꯤꯁꯇ꯭ꯔꯦꯠꯀꯤꯃꯃꯥꯡꯗꯁꯔꯨꯛ ꯌꯥꯔꯤꯕꯃꯤꯑꯣꯏꯑꯗꯨꯅꯃꯍꯥꯛꯅꯀꯟꯐꯦꯁꯟꯑꯗꯨꯄꯤꯕꯄꯥꯝꯗꯦꯍꯥꯏꯅꯍꯥꯏꯔꯕꯗꯤ, ꯃꯦꯖꯤꯁꯇ꯭ꯔꯦꯠꯅꯑꯁꯤꯒꯨꯝꯕꯃꯤꯑꯣꯏꯑꯗꯨꯕꯨ ꯄꯨꯂꯤꯁꯀꯁ ꯭ ꯇꯗꯤꯗꯊꯝꯕꯒꯤꯑꯌꯥꯕꯄꯤꯔꯣꯏ꯫ 57 (4) Any such confession shall be recorded in the manner provided in section 316 for recording the examination of an accused person and shall be signed by the person making the confession; and the Magistrate 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 believe 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. Magistrate.". (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 Magistrate shall have power to administer oath to the person whose statement is so recorded. (6) (a) In cases punishable under section 64, section 65, section 66, section 67, section 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77, section 78, section 79 or section 124 of the Bharatiya Nyaya Sanhita, 2023, the Magistrate shall record the statement of the person against whom such offence has been committed in the manner specified in sub-section (5), as soon as the commission of the offence is brought to the notice of the police: Provided that such statement shall, as far as practicable, be recorded by a woman Magistrate and in her absence by a male Magistrate in the presence of a woman: Provided further that in cases relating to the offences punishable with imprisonment for ten years or more or with imprisonment for life or with death, the Magistrate shall record the statement of the witness brought before him by the police officer: Provided also that if the person making the statement is temporarily or permanently, mentally or physically disabled, the Magistrate shall take the assistance of an interpreter or a special educator in recording the statement: Provided also that 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; (b) a statement recorded under clause (a) of a person, who is temporarily or permanently, mentally or physically disabled, shall be considered a statement in lieu of examination-in-chief, as specified in section 142 of the Bharatiya Sakshya Adhiniyam, 2023 such that the maker of the statement can be cross-examined on such statement, without the need for recording the same at the time of trial. (7) The Magistrate recording a confession or statement under this section shall forward it to the Magistrate by whom the case is to be inquired into or tried.