CrPC 161→BNSS 180

CrPC 161 to BNSS 180: Examination of witnesses by police

Section 161 CrPC (1973) replaced by Section 180 BNSS (2023)

View CrPC Section 161 →View BNSS Section 180 →

CrPC 161 to BNSS 180 at a Glance

Section 161 CrPC (Examination of witnesses by police) is now Section 180 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 161 to BNSS 180?

Section 161 of the Code of Criminal Procedure, 1973 became Section 180 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024, and the renumbering is a change of form. The rules on oral examination, answering truly, and recording statements in writing or by audio-video electronic means are unchanged. The second proviso to Section 180(3) BNSS changes in substance. Its list of offences refers to the Bharatiya Nyaya Sanhita, 2023 and adds Section 69, sexual intercourse by employing deceitful means, and Section 124, the acid attack offences, neither of which was in the list in Section 161(3) CrPC.

CrPC 161 vs BNSS 180: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section161180
HeadingExamination of witnesses by policeSame
Sub-sections3 sub-sectionsSame

CrPC 161 and BNSS 180: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 161, CrPC 1973

161. Examination of witnesses by police.—(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 354, section 354A, section 354B, section 354C, section 354D, section 376, 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.
BNSS 2023 (in force)

Section 180, BNSS 2023

180. Examination of witnesses by police.—(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.

When It Applies: CrPC 161 vs BNSS 180

Under CrPC 161
  1. A police officer conducting an investigation under Chapter XII of the Code of Criminal Procedure, 1973, or another police officer not below the rank prescribed by the State Government by general or special order who acts on the requisition of the investigating officer, may orally question any person supposed to be acquainted with the facts and circumstances of the case under Section 161(1) CrPC.
  2. The person questioned under Section 161(2) CrPC shall be bound to answer truly every question about the case asked by the police officer, except a question whose answer would have a tendency to expose that person to a criminal charge, a penalty, or a forfeiture.
  3. A police officer questioning a person under Section 161(3) CrPC may write down any statement made during the examination, and if the officer chooses to do so, the officer shall prepare a separate and true written record for each person whose statement is recorded.
  4. The first proviso to Section 161(3) CrPC expands the manner of recording by allowing a statement made during the examination to also be recorded by audio-video electronic means.
  5. The second proviso to Section 161(3) CrPC qualifies the general recording rule by requiring that where an offence under Section 354, 354A, 354B, 354C, 354D, 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB, 376E, or 509 of the Indian Penal Code is alleged to have been committed or attempted against a woman, her statement shall be recorded by a woman police officer or any woman officer.
Under BNSS 180
  1. A police officer conducting an investigation under Chapter XIII of the Bharatiya Nagarik Suraksha Sanhita, 2023, or another police officer not below the rank prescribed by the State Government by general or special order who acts on the requisition of the investigating officer, may orally question any person supposed to be acquainted with the facts and circumstances of the case under Section 180(1) BNSS.
  2. The person questioned under Section 180(2) BNSS shall be bound to answer truly every question about the case asked by the police officer, except a question whose answer would have a tendency to expose that person to a criminal charge, a penalty, or a forfeiture.
  3. A police officer questioning a person under Section 180(3) BNSS may write down any statement made during the examination, and if the officer chooses to do so, the officer shall prepare a separate and true written record for each person whose statement is recorded.
  4. The first proviso to Section 180(3) BNSS expands the manner of recording by allowing a statement made during the examination to also be recorded by audio-video electronic means.
  5. The second proviso to Section 180(3) BNSS qualifies the general recording rule by requiring that where an offence under Section 64, 65, 66, 67, 68, 69, 70, 71, 74, 75, 76, 77, 78, 79, or 124 of the Bharatiya Nyaya Sanhita, 2023 is alleged to have been committed or attempted against a woman, her statement shall be recorded by a woman police officer or any woman officer.

What CrPC 161 to BNSS 180 Means in Practice

From 1 July 2024, the examination of witnesses by the police is found in Section 180 of the Bharatiya Nagarik Suraksha Sanhita, 2023 instead of Section 161 of the Code of Criminal Procedure, 1973. The power to examine witnesses and the duty to answer truly are unchanged. The rule that a woman police officer or any woman officer records the statement of a woman also covers offences under Sections 69 and 124 of the Bharatiya Nyaya Sanhita, 2023, which the list in the Code did not include.

FAQs: CrPC 161 to BNSS 180

Where is Section 161 CrPC found from 1 July 2024?▼

From 1 July 2024, the Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023, and the provision corresponding to Section 161 CrPC is found in Section 180 BNSS. Specifically, Section 161(1) CrPC corresponds to Section 180(1) BNSS, Section 161(2) CrPC corresponds to Section 180(2) BNSS, and Section 161(3) CrPC corresponds to Section 180(3) BNSS.

Did Section 180 BNSS change the duty of a witness to answer police questions compared to Section 161 CrPC?▼

No. The rule in Section 180(2) BNSS is identical to Section 161(2) CrPC. Under both provisions, a person examined orally by the police officer shall be bound to answer truly all questions relating to the case put by that officer, other than questions the answers to which would have a tendency to expose the person to a criminal charge or to a penalty or forfeiture.

What changed in the provisos to Section 180(3) BNSS compared to Section 161(3) CrPC?▼

The first proviso on recording statements by audio-video electronic means is unchanged between Section 161(3) CrPC and Section 180(3) BNSS. The second proviso still requires a woman police officer or any woman officer to record the statement of a woman in the listed offences, but the list refers to the Bharatiya Nyaya Sanhita, 2023 and is wider. It adds Section 69, sexual intercourse by employing deceitful means, and Section 124, the acid attack offences, which the list in Section 161(3) CrPC did not include.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 27 Oct 2026 ·