(1) No statement made by any person to a police officer in the course of an investigation under this Chapter, shall, if reduced to writing, be signed by the person making it; nor shall any such statement or any record thereof, whether in a police diary or otherwise, or any part of such statement or record, be used for any purpose, save as hereinafter provided, at any inquiry or trial in respect of any offence under investigation at the time when such statement was made: Provided that when any witness is called for the prosecution in such inquiry or trial whose statement has been reduced into writing as aforesaid, any part of his statement, if duly proved, may be used by the accused, and with the permission of the Court, by the prosecution, to contradict such witness in the manner provided by section 148 of the Bharatiya Sakshya Adhiniyam, 2023; and when any part of such statement is so used, any part thereof may also be used in the re-examination of such witness, but for the purpose only of explaining any matter referred to in his cross-examination. (2) Nothing in this section shall be deemed to apply to any statement falling within the provisions of clause (a) of section 26 of the Bharatiya Sakshya Adhiniyam, 2023; or to affect the provisions of the proviso to sub-section (2) of section 23 of that Adhiniyam. Explanation.—An omission to state a fact or circumstance in the statement referred to in sub-section (1) may amount to contradiction if the same appears to be significant and otherwise relevant having regard to the context in which such omission occurs and whether any omission amounts to a contradiction in the particular context shall be a question of fact.
Bharatiya Nagarik Suraksha Sanhita
Section 181
Statements to police and use thereof
⚡ Quick Answer Reference: Section 181 BNSS
- Provision: Section 181 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE
- Jurisdiction: India
- Summary: This section says that statements made to police during an investigation cannot be used as evidence in court, except to contradict a witness.
What does Section 181 of BNSS say?
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What does Section 181 of BNSS mean?
Plain English Explanation
This section says that statements made to police during an investigation cannot be used as evidence in court, except to contradict a witness.
Practical Interpretation
In practice, this section protects individuals from self-incrimination by limiting the use of their statements to the police.
Core Legal Purpose
The purpose of this section is to prevent the misuse of statements made to the police and to protect the rights of the accused.
- •The statement must be made to a police officer during an investigation.
- •The statement must be reduced to writing and signed by the person making it.
- •The statement can only be used to contradict a witness who has made a previous statement.
- •The section does not apply to statements made under certain provisions of the Bharatiya Sakshya Adhiniyam, 2023.
Practical Example of Section 181 BNSS
For example, if Rajesh is accused of theft and makes a statement to the police during the investigation, that statement cannot be used as evidence against him in court. However, if Rajesh testifies in court and his previous statement to the police contradicts his testimony, the prosecution can use the previous statement to contradict him.
Frequently Asked Questions about Section 181 BNSS
Q: What is the punishment or consequence under Section 181 of BNSS?
There is no specific punishment mentioned under this section, as it is a procedural provision that regulates the use of statements made to the police.
Q: Does this section apply to private individuals or public entities?
This section applies to statements made by any person to a police officer during an investigation, regardless of whether the person is a private individual or a public entity.
Q: Is an offence under this section bailable or cognizable?
This section does not create a specific offence, so it is not classified as bailable or cognizable. It is a procedural provision that regulates the use of statements made to the police.
Common Questions about Section 181 BNSS
What is Section 181 of BNSS?
Section 181 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Statements to police and use thereof". In plain terms: This section says that statements made to police during an investigation cannot be used as evidence in court, except to contradict a witness.
What is the punishment under Section 181 of BNSS?
Section 181 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 181 of BNSS bailable or non-bailable?
Whether Section 181 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 181 of BNSS?
The essential elements of Section 181 of BNSS are: The statement must be made to a police officer during an investigation.; The statement must be reduced to writing and signed by the person making it.; The statement can only be used to contradict a witness who has made a previous statement..
What is the IPC equivalent of Section 181 of BNS?
Section 181 of the Bharatiya Nyaya Sanhita (BNS) 2023 corresponds to Section 162 of the old Indian Penal Code (IPC). There was no material change in the provision.
✓ No material change in the provision.
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