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Code of Criminal Procedure, 1973 · Chapter XII: Information to the Police and Their Powers to Investigate

Section 161: Examination of witnesses by police

The Code of Criminal Procedure, 1973 was repealed and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. It still applies to matters and proceedings from before that date, as the repealing law provides.

Now in the BNSS section 180 (Examination of witnesses by police)

In plain words

An investigating police officer can question anyone believed to know the facts of the case. They must answer truthfully, except questions whose answers might expose them to a criminal charge, penalty or forfeiture.

  • The officer can write down the statement, keeping a separate and true record for each person, and can also record it by audio-video means.
  • A woman's statement about sexual harassment, stalking, voyeurism, rape or insult to modesty must be recorded by a 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:] 1. Ins. by Act 5 of 2009, s.11 (w.e.f. 31-12-2009). 2. Subs. by Act 13 of 2013, s. 14, for —under the age of fifteen years or woman‖ (w.e.f. 3-2-2013). 3. Ins. by Act 5 of 2009, s. 12 (w.e.f. 31-12-2009).

[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.]

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 (Legislative Department), the text of the Act as it stood before its repeal. 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 161 lets the investigating officer examine anyone acquainted with the facts and write down what they say. These police statements are the backbone of an investigation, but section 162 sharply limits their use at trial: they are not evidence, and are mainly used to contradict a witness who says something different in court.

What section 161 allows

  • The police may examine orally any person supposed to know the facts.
  • The person must answer truly, except questions that would expose him to a criminal charge, penalty or forfeiture.
  • The officer may write down the statement, keeping a separate and true record for each person; it may also be recorded by audio-video means.

The section 162 bar

A statement made to the police during investigation must not be signed by the person making it, and cannot be used for any purpose at the trial, except as the proviso allows. The proviso lets the accused, and with the court's permission the prosecution, use it to contradict the witness under section 145 of the Evidence Act.

Contradiction, not corroboration

A section 161 statement cannot be used to corroborate a witness, or as substantive evidence of anything. A significant omission in it may amount to a contradiction (Explanation to section 162).

Exceptions to the bar

Section 162(2) excludes two things from the bar: dying declarations under section 32(1) of the Evidence Act, and information leading to discovery under section 27 of the Evidence Act.

Contrast with section 164

A statement recorded by a Magistrate under section 164 stands higher. It can be used both to corroborate and to contradict the witness, though it is still not substantive evidence.

Key Supreme Court rulings

  • Renuka Prasad v. The State 2025 INSC 657

    Reiterated that "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", and held the High Court erred in relying on section 161 statements as affirmed by the investigating officer.

  • P Krishna Mohan Reddy v. The State of Andhra Pradesh 2025 INSC 725

    A statement by an accused to the police under section 161 that amounts to a confession is wholly inadmissible under sections 25 and 26 of the Evidence Act; if it is an admission, the section 162 bar applies and it may be used only for the limited purpose in the proviso.

Common mistakes

  • Using a section 161 statement to corroborate a witness.
  • Relying on the investigating officer's account of what witnesses told him as proof of the facts.
  • Forgetting the exceptions in section 162(2) for dying declarations and discovery.

Read with: Section 162 CrPC, Section 164 CrPC, Section 145 Evidence Act, Section 180 BNSS

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.

Supreme Court judgments citing the section 161