CrPC 161 — Examination of witnesses by police

Code of Criminal Procedure, 1973

Statutory 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  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.]
STATE AMENDMENT
Chhattisgarh The second proviso to sub-section (3) of section 161 of the Code, shall be substituted with the following proviso, namely: —
Provided further that statement of the woman against whom an offence under section 354, section 354A, section
354B, section  354C, section  354D,  section  354E, section  376, section  376A, section  376B, section  376C, section
376D, section 376E, section  509,  section  509A  or  section  509B  of  the  Indian  Penal  Code,  is  alleged  to  have  been
committed or attempted, shall be recorded, as far as possible, by woman police officer and shall also be recorded by audio-video  means,  as  far  as  possible,  and  it  shall  be  the  duty  of  such  police  officer  to  take  all  such  steps  as  are necessary to protect the identity of the woman.
[Vide Chhattisgarh Act 25 of 2015, s. 8]

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