Section 181 BNSS: Statements to police and use thereof
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 181 BNSS at a Glance
Section 181 BNSS deals with statements to police and use thereof. It replaced Section 162 CrPC on 1 July 2024.
Section 181 BNSS Bare Act Text
(1) No statement made by any person to a police officer in the course of an investigation under this Chapter, shall, if reduced to writing, be signed by the person making it; nor shall any such statement or any record thereof, whether in a police diary or otherwise, or any part of such statement or record, be used for any purpose, save as hereinafter provided, at any inquiry or trial in respect of any offence under investigation at the time when such statement was made:
Provided that when any witness is called for the prosecution in such inquiry or trial whose statement has been reduced into writing as aforesaid, any part of his statement, if duly proved, may be used by the accused, and with the permission of the Court, by the prosecution, to contradict such witness in the manner provided by section 148 of the Bharatiya Sakshya Adhiniyam, 2023; and when any part of such statement is so used, any part thereof may also be used in the re-examination of such witness, but for the purpose only of explaining any matter referred to in his cross-examination.
(2) Nothing in this section shall be deemed to apply to any statement falling within the provisions of clause (a) of section 26 of the Bharatiya Sakshya Adhiniyam, 2023; or to affect the provisions of the proviso to sub-section (2) of section 23 of that Adhiniyam.
Explanation.An omission to state a fact or circumstance in the statement referred to in sub-section (1) may amount to contradiction if the same appears to be significant and otherwise relevant having regard to the context in which such omission occurs and whether any omission amounts to a contradiction in the particular context shall be a question of fact.
Source: Section 181, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 181 BNSS in Simple Words
Section 181 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with statements made by any person to a police officer during an investigation under Chapter XIII of the Sanhita. Such a statement shall not be signed by the person who made it if the police write it down. The statement shall not be used for any purpose at an inquiry or trial for an offence that was under investigation when the statement was made. The same bar covers any record of the statement, in a police diary or elsewhere, and any part of the statement or record.
The only exceptions are the proviso and Section 181(2) BNSS. Under the proviso, when a prosecution witness is called and the statement of the witness was written down, the accused may use any duly proved part of it to contradict the witness. The prosecution may do the same with the permission of the Court, and either side does so in the manner set out in section 148 of the Bharatiya Sakshya Adhiniyam, 2023. Once a part is used that way, any part of the statement may also be used in re-examination, but only to explain a matter raised in cross-examination.
The section does not apply to a statement covered by section 26(a) of the Bharatiya Sakshya Adhiniyam, 2023, and does not affect the proviso to section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023. Under the Explanation, leaving a fact or circumstance out of the statement may amount to a contradiction if the omission appears significant and otherwise relevant in its context. Whether an omission amounts to a contradiction in a particular context is a question of fact.
When Section 181 BNSS Applies
- A statement made by any person to a police officer in the course of an investigation under Chapter XIII of the Sanhita shall not be signed by the person making it, if it is reduced to writing.
- No such statement or any record of the statement, whether in a police diary or otherwise, or any part of the statement or record, shall be used for any purpose at any inquiry or trial in respect of any offence under investigation at the time when the statement was made, except as the proviso to Section 181(1) BNSS and Section 181(2) BNSS allow.
- When a witness is called for the prosecution in such inquiry or trial and the statement of the witness was reduced to writing in the course of the investigation, any part of the statement, if duly proved, may be used by the accused, and with the permission of the Court, by the prosecution, to contradict the witness in the manner provided by section 148 of the Bharatiya Sakshya Adhiniyam, 2023.
- When any part of such statement is so used, any part of the statement may also be used in the re-examination of the witness, but for the purpose only of explaining any matter referred to in the cross-examination of the witness.
- An omission to state a fact or circumstance in the statement referred to in Section 181(1) BNSS may amount to contradiction if the same appears to be significant and otherwise relevant having regard to the context in which such omission occurs. Whether any omission amounts to a contradiction in the particular context shall be a question of fact.
Example of Section 181 BNSS
When Section 181 BNSS Does Not Apply
- Section 181(2) BNSS provides that nothing in Section 181 BNSS shall be deemed to apply to any statement falling within the provisions of section 26(a) of the Bharatiya Sakshya Adhiniyam, 2023.
- Section 181(2) BNSS provides that nothing in Section 181 BNSS shall be deemed to affect the provisions of the proviso to section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023.
- Section 181(1) BNSS bars the use of a statement for any purpose, except as the proviso to Section 181(1) BNSS and Section 181(2) BNSS allow. Its proviso allows the use of a part of the statement of a witness called for the prosecution, if duly proved, by the accused to contradict such witness.
Section 181 BNSS in the CrPC (Previous Law)
Section 181 BNSS replaced Section 162 CrPC from 1 July 2024.
Section 181 BNSS has the heading Statements to police and use thereof, where Section 162 CrPC has the heading Statements to police not to be signed: Use of statements in evidence. The proviso to Section 181(1) BNSS refers to section 148 of the Bharatiya Sakshya Adhiniyam, 2023, where the proviso to Section 162(1) CrPC referred to section 145 of the Indian Evidence Act, 1872. Section 181(2) BNSS refers to section 26(a) of the Bharatiya Sakshya Adhiniyam, 2023, where Section 162(2) CrPC referred to section 32(1) of the Indian Evidence Act, 1872, and refers to the proviso to section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023, where Section 162(2) CrPC referred to section 27 of the Indian Evidence Act, 1872. The rest of the text, including the Explanation, is the same.
Each sub-section below names its own source.
FAQs on Section 181 BNSS
May a statement made to a police officer be signed under Section 181 BNSS?▼
Section 181(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides that no statement made by any person to a police officer in the course of an investigation under Chapter XIII of the Sanhita shall, if reduced to writing, be signed by the person making it.
May the accused use a statement to the police to contradict a witness under Section 181 BNSS?▼
Yes. The proviso to Section 181(1) BNSS provides that when a witness is called for the prosecution at the inquiry or trial and the statement of the witness was reduced to writing in the course of the investigation, any part of the statement, if duly proved, may be used by the accused, and with the permission of the Court, by the prosecution, to contradict the witness. When any part of the statement is so used, any part of the statement may also be used in the re-examination of the witness, but for the purpose only of explaining any matter referred to in the cross-examination of the witness.
What does the Explanation to Section 181 BNSS say about an omission?▼
The Explanation provides that an omission to state a fact or circumstance in the statement referred to in Section 181(1) BNSS may amount to contradiction if the same appears to be significant and otherwise relevant having regard to the context in which such omission occurs. Whether any omission amounts to a contradiction in the particular context shall be a question of fact.
What changed from Section 162 CrPC to Section 181 BNSS from 1 July 2024?▼
Section 181 BNSS has the heading Statements to police and use thereof, where Section 162 CrPC has the heading Statements to police not to be signed: Use of statements in evidence. The proviso to Section 181(1) BNSS refers to section 148 of the Bharatiya Sakshya Adhiniyam, 2023, where the proviso to Section 162(1) CrPC referred to section 145 of the Indian Evidence Act, 1872. Section 181(2) BNSS refers to section 26(a) of the Bharatiya Sakshya Adhiniyam, 2023, where Section 162(2) CrPC referred to section 32(1) of the Indian Evidence Act, 1872. Section 181(2) BNSS refers to the proviso to section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023, where Section 162(2) CrPC referred to section 27 of the Indian Evidence Act, 1872. The Explanation has the same text.
Section 181 BNSS: Sub-sections Explained
Section 181(1) BNSS: Statements to police not to be signed: Use of statements in evidence
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Bare Act Text
(1) No statement made by any person to a police officer in the course of an investigation under this Chapter, shall, if reduced to writing, be signed by the person making it; nor shall any such statement or any record thereof, whether in a police diary or otherwise, or any part of such statement or record, be used for any purpose, save as hereinafter provided, at any inquiry or trial in respect of any offence under investigation at the time when such statement was made:
Provided that when any witness is called for the prosecution in such inquiry or trial whose statement has been reduced into writing as aforesaid, any part of his statement, if duly proved, may be used by the accused, and with the permission of the Court, by the prosecution, to contradict such witness in the manner provided by section 148 of the Bharatiya Sakshya Adhiniyam, 2023; and when any part of such statement is so used, any part thereof may also be used in the re-examination of such witness, but for the purpose only of explaining any matter referred to in his cross-examination.
Section 181(2) BNSS: Statements to police not to be signed: Use of statements in evidence
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Bare Act Text
(2) Nothing in this section shall be deemed to apply to any statement falling within the provisions of clause (a) of section 26 of the Bharatiya Sakshya Adhiniyam, 2023; or to affect the provisions of the proviso to sub-section (2) of section 23 of that Adhiniyam.
Explanation.An omission to state a fact or circumstance in the statement referred to in sub-section (1) may amount to contradiction if the same appears to be significant and otherwise relevant having regard to the context in which such omission occurs and whether any omission amounts to a contradiction in the particular context shall be a question of fact.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 26 Oct 2026 ·