BNSS Section 180 — Examination of witnesses by police

Summary

A police officer investigating a case can question any person who might know about the facts of the case. The person being questioned must answer all questions truthfully, except for questions that could lead to them being charged with a crime or facing a penalty. The police officer may write down the person's statement, and must keep a separate and accurate record for each person. If the statement is from a woman who is a victim of certain serious offences, it must be recorded by a woman police officer or a woman officer.

Official 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 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.

Sections referred to

• BNS §64 — Punishment for rape
• BNS §65 — Punishment for rape in certain cases
• BNS §66 — Punishment for causing death or resulting in persistent vegetative state of victim
• BNS §67 — Sexual intercourse by husband upon his wife during separation
• BNS §68 — Sexual intercourse by a person in authority
• BNS §69 — Sexual intercourse by employing deceitful means, etc
• BNS §70 — Gang rape
• BNS §71 — Punishment for repeat offenders
• BNS §74 — Assault or use of criminal force to woman with intent to outrage her modesty
• BNS §75 — Sexual harassment
• BNS §76 — Assault or use of criminal force to woman with intent to disrobe
• BNS §77 — Voyeurism
• BNS §78 — Stalking
• BNS §79 — Word, gesture or act intended to insult modesty of a woman
• BNS §124 — Voluntarily causing grievous hurt by use of acid, etc

Referred to by

• BNSS §33 — Public to give information of certain offences
• BNSS §129 — Security for good behaviour from habitual offenders
• BNSS §192 — Diary of proceedings in investigation
• BNSS §193 — Report of police officer on completion of investigation
• BNSS §230 — Supply to accused of copy of police report and other documents
• BNSS §231 — Supply of copies of statements and documents to accused in other cases triable by Court of Session

Old <-> New Code Mapping

• CrPC §161 — Examination of witnesses by police