Chapter XII
Section 161 CrPC: Examination of witnesses by police
New Law Update (2024)
Section 181 BNSS
TRIAL COURT
Punishment
Procedural – Investigation / Inquiry
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(1) Any police officer making an investigation under this Chapter, or any police officer not below such rank as the State Government may, by general or special order, prescribe in this behalf, acting on the requisition of such officer, may examine orally any person supposed to be acquainted with the facts and circumstances of the case. (2) Such person shall be bound to answer truly all questions relating to such case put to him by such officer, other than questions the answers to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture. (3) The police officer may reduce into writing any statement made to him in the course of an examination under this section; and if he does so, he shall make a separate and true record of the statement of each such person whose statement he records. Provided that statement made under this sub-section may also be recorded by audio-video electronic means. Provided further that the statement of a woman against whom an offence under section 354, section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB, section 376E or section 509 of The Indian Penal Code is alleged to have been committed or attempted, shall be recorded, by a woman police officer or any woman officer.
Important Sub-Sections Explained
Section 161(2)
This sub-section grants a crucial protection to individuals being questioned by the police, allowing them to refuse to answer questions if doing so would lead to self-incrimination, a criminal charge, penalty, or forfeiture.
Section 161(3)
This sub-section outlines the process for recording statements, permitting police officers to reduce them to writing or use audio-video electronic means; it also mandates that statements of women victims of specific sexual offenses must be recorded by a woman police officer or any woman officer.
Landmark Judgements
Nandini Satpathy v. P.L. Dani (1978):
This landmark Supreme Court judgment affirmed that the right against self-incrimination under Article 20(3) of the Constitution applies to persons being examined by the police under Section 161 CrPC, meaning a person cannot be compelled to answer questions that might expose them to a criminal charge.
Shaikh Maqsood v. State of Gujarat (2016):
The Gujarat High Court, in this case, highlighted the significance of audio-video recording of statements under Section 161 CrPC, noting its role in enhancing transparency, preventing coercion, and providing reliable evidence for corroboration or contradiction.