CrPC Section 161 — Examination of witnesses by police
CHAPTER XII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE
General
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. 1[Provided that statement made under this sub-section may also be recorded by audio-video electronic means:] 2[Provided further that the statement of a woman against whom an offence under section 354, section 354A, section 354B, section 354C, section 354D, section 376, 3[section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB], section 376E or section 509 of the Indian Penal Code (45 of 1860) is alleged to have been committed or attempted shall be recorded, by a woman police officer or any woman officer.]
Sections referred to
- IPC §354 — Assault or criminal force to woman with intent to outrage her modesty
- IPC §354A — Sexual harassment and punishment for sexual harassment
- IPC §354B — Assault or use of criminal force to woman with intent to disrobe
- IPC §354C — Voyeurism
- IPC §354D — Stalking
- IPC §376 — Punishment for rape
- IPC §376A — Punishment for causing death or resulting in persistent vegetative state of victim
- IPC §376AB — Punishment for rape on woman under twelve years of age
- IPC §376B — Sexual intercourse by husband upon his wife during separation
- IPC §376C — Sexual intercourse by person in authority
- IPC §376D — Gang Rape
- IPC §376DA — Punishment for gang rape on woman under sixteen years of age
- IPC §376DB — Punishment for gang rape on woman under twelve years of age
- IPC §376E — Punishment for repeat offenders
- IPC §509 — Word, gesture or act intended to insult the modesty of a woman
Referred to by
- CrPC §39 — Public to give information of certain offences
- CrPC §172 — Diary of proceedings in investigation
- CrPC §173 — Report of police officer on completion of investigation
- CrPC §207 — Supply to the accused of copy of police report and other documents
- CrPC §208 — Supply of copies of statements and documents to accused in other cases triable by Court of Session
Related Judgments
- SMT. GARGI vs STATE OF HARYANA — Supreme Court of India (2019)
- SUNITA DEVI vs THE STATE OF BIHAR & ANR — Supreme Court of India (2024)
- ALAUDDIN & ORS. vs THE STATE OF ASSAM & ANR — Supreme Court of India (2024)
- RATNU YADAV vs THE STATE OF CHHATTISGARH — Supreme Court of India (2024)
- BHUPATBHAI BACHUBHAI CHAVDA & ANR. vs STATE OF GUJARAT — Supreme Court of India (2024)
- ASHOK DEBBARMA @ ACHAK DEBBARMA vs STATE OF TRIPURA — Supreme Court of India (2014)
Old <-> New Code Mapping
- BNSS §180 — Examination of witnesses by police
