(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 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 is alleged to have been committed or attempted, shall be recorded, by a woman police officer or any woman officer.
Bharatiya Nagarik Suraksha Sanhita
Section 180
Examination of witnesses by police
⚡ Quick Answer Reference: Section 180 BNSS
- Provision: Section 180 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE
- Jurisdiction: India
- Summary: This section allows police officers to question people who may have information about a case. The person being questioned must answer truthfully, but they don't have to answer questions that could put them in trouble with the law. The police officer can write down what the person says, and in some cases, they must use a woman police officer to record the statement of a woman who is a victim of certain crimes.
What does Section 180 of BNSS say?
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What does Section 180 of BNSS mean?
Plain English Explanation
This section allows police officers to question people who may have information about a case. The person being questioned must answer truthfully, but they don't have to answer questions that could put them in trouble with the law. The police officer can write down what the person says, and in some cases, they must use a woman police officer to record the statement of a woman who is a victim of certain crimes.
Practical Interpretation
In practice, this section means that police officers have the power to conduct oral examinations of witnesses or individuals who may have relevant information about a case. The officer must be of a certain rank, as specified by the State Government, and the person being questioned must cooperate. The officer can record the statement, but there are exceptions for certain types of crimes and for women victims.
Core Legal Purpose
The core purpose of this section is to provide a mechanism for police officers to gather information from witnesses and individuals who may have relevant knowledge about a case. It aims to facilitate the investigation process while protecting the rights of individuals who may be questioned.
- •The police officer must be of a certain rank, as specified by the State Government.
- •The person being questioned must be supposed to be acquainted with the facts and circumstances of the case.
- •The person being questioned must answer truthfully, except for questions that could expose them to a criminal charge or penalty.
- •The police officer may record the statement in writing or by audio-video electronic means, and in some cases, a woman police officer must record the statement of a woman victim.
Practical Example of Section 180 BNSS
Rajesh, a police officer of the rank specified by the State Government, is investigating a case of theft. He suspects that Priya, a local shopkeeper, may have information about the case. Rajesh examines Priya orally and asks her questions about the case. Priya must answer truthfully, but she does not have to answer questions that could put her in trouble with the law. Rajesh records Priya's statement in writing, as required by the section.
Frequently Asked Questions about Section 180 BNSS
Q: What is the punishment or consequence under Section 180 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to private individuals who may have information about a case, as well as public entities such as government officials or employees.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not prescribe a penal punishment, so it is not applicable to determine whether an offence is bailable or cognizable.
Common Questions about Section 180 BNSS
What is Section 180 of BNSS?
Section 180 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Examination of witnesses by police". In plain terms: This section allows police officers to question people who may have information about a case. The person being questioned must answer truthfully, but they don't have to answer questions that could put them in trouble with the law. The police officer can write down what the person says, and in some cases, they must use a woman police officer to record the statement of a woman who is a victim of certain crimes.
What is the punishment under Section 180 of BNSS?
Section 180 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 180 of BNSS bailable or non-bailable?
Whether Section 180 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 180 of BNSS?
The essential elements of Section 180 of BNSS are: The police officer must be of a certain rank, as specified by the State Government.; The person being questioned must be supposed to be acquainted with the facts and circumstances of the case.; The person being questioned must answer truthfully, except for questions that could expose them to a criminal charge or penalty..
What is the IPC equivalent of Section 180 of BNS?
Section 180 of the Bharatiya Nyaya Sanhita (BNS) 2023 corresponds to Section 161 of the old Indian Penal Code (IPC). Witness statement: BNSS allows audio-video recording.
⚠️ Material Change: Witness statement: BNSS allows audio-video recording.
View Old Law Equivalent →Compare Side-by-Side →Landmark Judgments under Section 180 BNSS
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