Section 180 BNSS: Examination of witnesses by police
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 180 BNSS at a Glance
Section 180 BNSS deals with examination of witnesses by police. It replaced Section 161 CrPC on 1 July 2024. Popularly called the police statement of a witness. A woman's statement for the listed offences shall be recorded by a woman police officer; Section 180(3) BNSS adds BNS Sections 69 and 124 to that list.
Section 180 BNSS Bare Act 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.
Source: Section 180, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 180 BNSS in Simple Words
Section 180 of the Bharatiya Nagarik Suraksha Sanhita, 2023 allows a police officer making an investigation under Chapter XIII of the Sanhita to examine orally any person. The person is one supposed to be acquainted with the facts and circumstances of the case. A police officer not below the rank that the State Government prescribes by general or special order may do the same, acting on the requisition of the investigating officer. Under section 180(2), the person examined shall be bound to answer truly all questions relating to the case put by the police officer.
The exception is a question whose answer would have a tendency to expose the person to a criminal charge or to a penalty or forfeiture. Under section 180(3), the police officer may reduce into writing any statement made in the course of an examination under section 180. If the officer does so, the officer shall make a separate and true record of the statement of each person whose statement the officer records. Under the first proviso, a statement made under section 180(3) may also be recorded by audio-video electronic means.
Under the further proviso, the statement of a woman against whom an offence is alleged to have been committed or attempted shall be recorded by a woman police officer or any woman officer. The offences are those under sections 64, 65, 66, 67, 68, 69, 70, 71, 74, 75, 76, 77, 78, 79 or 124 of the Bharatiya Nyaya Sanhita, 2023.
When Section 180 BNSS Applies
- 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.
- 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.
- 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.
- 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.
- 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.
Example of Section 180 BNSS
When Section 180 BNSS Does Not Apply
- A police officer who is neither making an investigation under Chapter XIII of the Bharatiya Nagarik Suraksha Sanhita, 2023 nor acting on the requisition of the investigating officer while holding at least the rank prescribed by the State Government by general or special order cannot conduct an oral examination under Section 180(1) BNSS.
- The power to examine a person orally under Section 180(1) BNSS does not apply to a person who is not supposed to be acquainted with the facts and circumstances of the case.
- The duty under Section 180(2) BNSS to answer truly all questions relating to the case does not apply to questions whose answers would have a tendency to expose the person questioned to a criminal charge, a penalty, or a forfeiture.
Section 180 BNSS in the CrPC (Previous Law)
Section 180 BNSS replaced Section 161 CrPC from 1 July 2024.
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.
Each sub-section below names its own source.
FAQs on Section 180 BNSS
Who has the authority to examine a person orally under Section 180 BNSS?▼
Under Section 180(1) BNSS, any police officer making an investigation under that Chapter of the Sanhita may orally examine any person supposed to be acquainted with the facts and circumstances of the case. In addition, another police officer may conduct the oral examination when acting on the requisition of the investigating officer, provided that the officer is not below the rank that the State Government may prescribe by general or special order.
Can a person refuse to answer questions put by a police officer under Section 180 BNSS?▼
A person examined under Section 180(2) BNSS shall be bound to answer truly all questions relating to the case that are put by the police officer. However, Section 180(2) BNSS sets out an exception to this duty. The person is not bound to answer questions where the answers would have a tendency to expose that person to a criminal charge, or to a penalty, or to a forfeiture. For all other questions relating to the case, the person is bound to answer truly.
How are witness statements recorded under Section 180(3) BNSS?▼
The police officer is not required to put every statement in writing. Under Section 180(3) BNSS, the police officer may reduce into writing any statement made during the examination. However, if the officer chooses to reduce a statement into writing, the officer shall make a separate and true record of the statement of each person whose statement is recorded. Under the first proviso to Section 180(3) BNSS, the statement may also be recorded by audio-video electronic means.
When does Section 180(3) BNSS require a statement to be recorded by a woman officer?▼
Under the second proviso to Section 180(3) BNSS, a special rule applies to the statement of a woman against whom 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. In those cases, her statement shall be recorded by a woman police officer or any woman officer.
What changed in Section 180 BNSS compared to Section 161 CrPC?▼
Section 180 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in force from 1 July 2024, keeps the rules of Section 161 of the Code of Criminal Procedure, 1973 on oral examination, answering questions truly, and recording statements in writing or by audio-video electronic means. The second proviso to Section 180(3) BNSS lists offences under the Bharatiya Nyaya Sanhita, 2023, and the list is wider. It adds Section 69, sexual intercourse by employing deceitful means, and Section 124, the acid attack offences, which the list in the Code did not include.
Section 180 BNSS: Sub-sections Explained
Section 180(1) BNSS: Examination of witnesses by police
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Bare Act 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.
Section 180(2) BNSS: Examination of witnesses by police
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Bare Act Text
(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.
Section 180(3) BNSS: Examination of witnesses by police
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Bare Act Text
(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.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 27 Oct 2026 ·