Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XIII: Information to the Police and Their Powers to Investigate
Section 180: Examination of witnesses by police
In plain words
An investigating police officer can question orally anyone who seems to know the facts of the case. The person must answer truthfully, except questions whose answers might expose them to a criminal charge, penalty or forfeiture.
- The officer can write down the statements, keeping a separate, true record for each person, and can record them on audio-video.
- The statement of a woman who is a victim of rape, sexual assault, acid attack or other listed offences must be recorded by a woman police officer or woman officer.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Read the in-depth explanation, with key Supreme Court rulings ↓
Official 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.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 12 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Understanding this section
Section 180 carries forward section 161 of the CrPC: police may examine anyone acquainted with the facts and record their statements, now expressly permitting audio-video recording. As before, such statements are not evidence at trial; section 181 (the old section 162) limits them mainly to contradicting the witness.
The rules
- Police may examine any person supposed to know the facts.
- The person must answer truly, except self incriminating questions.
- Statements may be written down, separately for each person, or recorded by audio-video means.
- Statements of women victims of certain sexual offences must be recorded by a woman officer.
Use at trial
Under section 181, such statements are not signed and cannot be used at trial except to contradict the witness, by the accused or with the court's permission by the prosecution. They cannot corroborate. Dying declarations and information leading to discovery are excluded from the bar.
Contrast with section 183
A statement recorded by a Magistrate under section 183 can be used both to corroborate and to contradict the witness.
Key Supreme Court rulings
Renuka Prasad v. The State 2025 INSC 657
Decided under the CrPC. "statements under Section 161 Cr.P.C. can be used only for the purpose of contradiction and statements under Section 164 Cr.P.C. can be used for both corroboration and contradiction".
Common mistakes
- Using police statements to corroborate a witness.
Read with: Section 181 BNSS, Section 183 BNSS, Section 161 CrPC
Prepared with AI assistance as a study aid. Every ruling listed was checked against the Supreme Court's own judgments on this site, and quoted words appear in those judgments; linked names open the full judgment. Read the judgments themselves before relying on them. Not legal advice.