Section 161 of the Bharatiya Nyaya Sanhita (BNS), 2023
π Section 161 β Examination of Witness by Police
βοΈ Paraphrased Provision
Section 161 allows the police officer investigating a case to examine any person who appears to be acquainted with the facts and circumstances of that case. The police can record the statement of such persons to aid their investigation.
π Detailed Explanation
β 1. Who Can Be Examined?
Any person who may have knowledge or information relevant to the investigation.
This includes witnesses, victims, or anyone connected with the incident.
β 2. Purpose of Examination
To collect preliminary information about the case.
To understand the facts and gather leads for further investigation.
To record statements which might assist in solving the case.
β 3. Nature of Statement
The statement is recorded during the investigation phase.
It is not a formal court testimony but may be used to support the investigation.
The statement is generally written down by the police officer.
β 4. Rights and Obligations of the Person Examined
The person must answer truthfully.
False information can attract penalties.
The person is not under oath but is expected to cooperate.
β 5. Use in Trial
Statements under Section 161 are not substantive evidence but can be used to:
Test the credibility of witnesses,
Confront witnesses with their prior statements in court (to show inconsistencies).
π¨ββοΈ 6. Practical Example
A police officer investigating a robbery asks neighbors or bystanders for statements about what they saw.
These statements are recorded to build the case.
π Summary Table
| Aspect | Explanation |
|---|---|
| Who examines? | Police officer conducting investigation |
| Who can be examined? | Any person acquainted with facts of the case |
| Purpose | To gather information during investigation |
| Nature of statement | Preliminary, not sworn testimony |
| Use in court | Supportive, to test credibility, not substantive evidence |
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