Section 161 CrPC: Examination of witnesses by police

Code of Criminal Procedure, 1973

Section 161 CrPC at a Glance

Section 161 CrPC deals with examination of witnesses by police. From 1 July 2024 it is replaced by Section 180 BNSS. 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.

Now BNSS

Section 180 →

What Section 161 CrPC Says

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.

Source: Section 161, Code of Criminal Procedure, 1973

Section 161 CrPC in Simple Words

Section 161 of the Code of Criminal Procedure, 1973 allows a police officer making an investigation under Chapter XII of the Code 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 161(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 161(3), the police officer may reduce into writing any statement made in the course of an examination under section 161. 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 161(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 354, 354A, 354B, 354C, 354D, 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB, 376E or 509 of the Indian Penal Code.

When Section 161 CrPC Applies

  • 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.
  • 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.
  • 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.
  • 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.
  • 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.

Example of Section 161 CrPC

Inspector Rajesh is making an investigation under the Code of Criminal Procedure, 1973 into a case where an offence under Section 354 of the Indian Penal Code is alleged to have been committed against Meera. Rajesh learns that Arvind is supposed to be acquainted with the facts and circumstances of the case. Under Section 161(1) CrPC, Rajesh may examine Arvind orally. Under Section 161(2) CrPC, Arvind shall answer truly all questions relating to the case, other than questions whose answers would have a tendency to expose him to a criminal charge, penalty, or forfeiture. Under the second proviso to Section 161(3) CrPC, the statement of Meera shall be recorded by a woman police officer or any woman officer.

When Section 161 CrPC Does Not Apply

  • A police officer who is neither making an investigation under Chapter XII of the Code of Criminal Procedure, 1973 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 161(1) CrPC.
  • The power to examine a person orally under Section 161(1) CrPC 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 161(2) CrPC 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.

Police Statement Under BNSS 180: What Changed

Section 161 CrPC is now covered under Section 180 BNSS.

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.

View detailed comparison (CrPC 161 vs BNSS 180) →

FAQs on Section 161 CrPC

Who has the authority to examine a person orally under Section 161 CrPC?▼

Under Section 161(1) CrPC, any police officer making an investigation under that Chapter of the Code 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 161 CrPC?▼

A person examined under Section 161(2) CrPC shall be bound to answer truly all questions relating to the case that are put by the police officer. However, Section 161(2) CrPC 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 161(3) CrPC?▼

The police officer is not required to put every statement in writing. Under Section 161(3) CrPC, 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 161(3) CrPC, the statement may also be recorded by audio-video electronic means.

When does Section 161(3) CrPC require a statement to be recorded by a woman officer?▼

Under the second proviso to Section 161(3) CrPC, a special rule applies to the statement of a woman against whom 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. In those cases, her statement shall be recorded by a woman police officer or any woman officer.

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

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

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 27 Oct 2026 ·