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. 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. 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, section1 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. 1 Criminal Law (Amendment) Act, 2018
Code of Criminal Procedure, 1973
Section 161
Examination of witnesses by police
⚡ Quick Answer Reference: Section 161 CrPC
- Provision: Section 161 of CrPC
- Act: Code of Criminal Procedure, 1973
- Classification: criminal procedure
- Jurisdiction: India
- Summary: Police can question anyone who might know about a crime, and that person must answer truthfully, except if it would incriminate them. The police can write down or record the statement.
What does Section 161 of CrPC say?
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What does Section 161 of CrPC mean?
Plain English Explanation
Police can question anyone who might know about a crime, and that person must answer truthfully, except if it would incriminate them. The police can write down or record the statement.
Practical Interpretation
In practice, this section allows police to gather information from potential witnesses or individuals involved in a case, ensuring they provide truthful answers without self-incrimination.
Core Legal Purpose
The core purpose is to enable police to investigate crimes effectively by gathering information from relevant individuals while protecting them from self-incrimination.
- •The person must be supposed to be acquainted with the facts and circumstances of the case.
- •The police officer must be of a rank prescribed by the State Government or acting on the requisition of such an officer.
- •The key legal test is whether the answer would expose the person to a criminal charge or penalty.
- •A key exception is that the person is not bound to answer questions that would incriminate them.
Practical Example of Section 161 CrPC
Rajesh, a witness to a robbery, is questioned by the police. He must answer their questions truthfully about what he saw, but if asked if he was involved, he is not required to answer if it would incriminate him. The police officer records Rajesh's statement, ensuring it is done accurately and respectfully, especially if the case involves sensitive offenses like those against women, which must be recorded by a woman police officer.
Frequently Asked Questions about Section 161 CrPC
Q: What is the punishment or consequence under Section 161 of CrPC?
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 any person supposed to be acquainted with the facts and circumstances of a case, which can include both private individuals and public entities.
Q: Is an offence under this section bailable or cognizable?
This section does not deal with offences directly but rather with the procedure of examination of witnesses by the police. Therefore, it does not classify an offence as bailable or cognizable.
Common Questions about Section 161 CrPC
What is Section 161 of CrPC?
Section 161 of the Code of Criminal Procedure, 1973 (CrPC) defines and regulates "Examination of witnesses by police". In plain terms: Police can question anyone who might know about a crime, and that person must answer truthfully, except if it would incriminate them. The police can write down or record the statement.
What is the punishment under Section 161 of CrPC?
Section 161 of CrPC does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 161 of CrPC bailable or non-bailable?
Whether Section 161 of CrPC is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 161 of CrPC?
The essential elements of Section 161 of CrPC are: The person must be supposed to be acquainted with the facts and circumstances of the case.; The police officer must be of a rank prescribed by the State Government or acting on the requisition of such an officer.; The key legal test is whether the answer would expose the person to a criminal charge or penalty..
What replaced Section 161 of IPC in BNS?
Section 161 of the Indian Penal Code (IPC) was replaced by Section 180 of the Bharatiya Nyaya Sanhita (BNS) 2023. Witness statement: BNSS allows audio-video recording.
⚠️ Material Change: Witness statement: BNSS allows audio-video recording.
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