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The Code of Criminal Procedure, 1973 was repealed and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024.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.
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
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Jothi @ Nagajothi v. The State, Rep. By the Inspector of Police
This is an appeal challenging the judgment dated 27.06.2024 passed by the High Court, whereby the conviction and sentence imposed upon the appellant u/ss.8(c) r/w 20(b)(ii)(C) and 8(c) r/w 29(1) of the Narcotic Drugs…
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Govind Mandavi v. State of Chattisgarh
Whether the trial Court as well as the High Court committed grave errors in facts as well as in law while appreciating the evidence available on record and convicting the accused-appellant for the offences alleged…
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Neeraj Kumar @ Neeraj Yadav v. State of U.P. & Ors.
Issue arose whether the courts below, in the attending facts and circumstances, justified in dismissing the application for summoning additional accused.
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Tuhin Kumar Biswas @ Bumba v. The State of West Bengal
The Revision Petition filed by the Appellant-accused against the order dismissing the discharge application filed by the Appellant in FIR No.50/2020 dated 19.03.2020 lodged with police station Bidhannagar North, was…
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Raj Kumar @ Bheema v. State of NCT of Delhi
Appellant-accused was convicted for the offence punishable u/s.302 IPC. The High Court further affirmed the order on sentence dated 20.02.2021, whereby the accused-appellant was sentenced to undergo imprisonment for…
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Zainul v. The State of Bihar
The High Court dismissed the appeal preferred by the appellants herein and thereby affirmed the judgment and order of conviction passed by the Trial Court in Sessions Case No. 124 of 1989 holding the appellants herein…
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Thammineni Bhaskar v. The State of Andhra Pradesh
Issue arose as regards the correctness of the order passed by the courts below convicting and sentencing the appellant u/ss.302, 364 and 201 IPC for kidnapping and murder of the informant’s son.
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Tarun Sharma v. State of Haryana.
Conviction of the appellant u/s.302, IPC based on the statement/ dying declaration (Exh. P-34) of the deceased, if ought to be set aside.
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Manoj Tejraj Jain v. State of Gujarat
Challenge to the judgment of the High Court whereby the appeals filed by the appellants herein were dismissed against the judgment of the trial court convicting them for offences u/ss.25A and 29, Narcotic Drugs and…
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Putai v. State of Uttar Pradesh
The accused-appellants were convicted for the offences punishable u/ss.376(2)(g), 201 and 302 of Penal Code, 1860. The High Court dismissed the appeals against conviction preferred by the accused-appellants.
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State of Karnataka v. Sri Darshan Etc.
Whether the order of the High Court granting bail to the respondents-accused persons in a case involving serious charges u/ss.302, 120B, and 34 IPC is perverse and legally unsustainable, warranting cancellation of bail.
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Gurdeep Singh v. The State of Punjab
Issue arose whether the order of conviction and sentence of the appellant for the offences u/ss.307, 353, 332, 225, 186, and 120B IPC and s.25 of the Arms Act, 1959 by the courts below was legally sustainable.
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Shail Kumari v. State of Chhattisgarh
Whether the conviction, as recorded by the trial Court and affirmed by the High Court was totally based on conjectures and surmises; whether the conviction of the appellant u/s.302 IPC is sustainable in law.
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Kallu Nat Alias Mayank Kumar Nagar v. State of U.P. and Anr.
Whether the Court of Session, without itself recording evidence, can summon a person to stand trial in exercise of its powers u/s.193, Code of Criminal Procedure, 1973 as an accused (along with others committed to it by…
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Shiv Baran v. State of U.P. & Anr.
Matter pertains to the correctness of the order passed by the High Court quashing the summons issued against respondent u/s.319 CrPC by the trial court.
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Kattavellai @ Devakar v. State of Tamilnadu
Issue arose as to the correctness of the order passed by the High Court upholding the order of the conviction and death sentence of the appellant for offence punishable u/ss.302, 376 and 397 IPC.
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Kum. Shubha @ Shubhashankar v. State of Karnataka & Anr.
Whether in the facts and circumstances of the case, the conviction of the appellants by the High Court u/s.302 read with s.120-B, IPC and additionally, s.201, IPC for A-4 alone, is justified.
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Ghanshyam Soni v. State (Govt. of NCT of Delhi) & Anr.
Issue arose whether the cognizance on the complaint u/ss.498A rw s.34 IPC was taken beyond the limitation period as mandated u/s.468 CrPC; and whether the prima facie case u/ss.498A rw s.34 IPC was made out against the…
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IN RE: RIGHT TO PRIVACY OF ADOLESCENTS versus
Issue arose as regards sentencing the accused; about the rehabilitation of the victim and her child; and about adopting measures for adolescent well being and child protection.
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Padman Bibhar v. State of Odisha
Whether appellant can be convicted only on the basis of evidence on ‘last seen together’.
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Ravinder Singh Sidhu v. The State of Punjab & Ors.
Whether multiple FIRs registered across different States can be clubbed and consolidated in one jurisdiction, or at least within one district per State, under the Court’s power u/Arts.32 and 142 of the Constitution.
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P Krishna Mohan Reddy v. The State of Andhra Pradesh
Whether the statement of an accused u/s.161, Cr.P.C implicating co-accused can be looked into qua such co-accused at the stage of anticipatory bail or regular bail; whether the High Court exercised its discretion in a…
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Renuka Prasad v. The State Represented by Assistant Superintendent of Police
Whether the High Court erred in reversing the acquittal and convicting the accused persons based on the testimony of the IOs which was founded only on s.161, CrPC statements of the witnesses; whether present was a case…
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Ramkirat Munilal Goud v. State of Maharashtra Etc.
Matter pertains to the correctness of the order passed by the High Court upholding the conviction and death sentence of the appellant for causing rape and murder of a child aged 3 years and 9 months.
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Mohammed Asarudeen v. Union of India & Ors.
Whether the Special Court while dealing with an application under sub-section 2 of s.44 of Unlawful Activities (Prevention) Act, 1967 made in respect of a large number of witnesses, recorded the satifaction which is…
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Harjinder Singh v. The State of Punjab & Anr.
Whether the evidence led, in the instant case, justified the Trial Court’s exercise of power u/s.319 CrPC to summon respondent no. 2, and whether the High Court was right in setting that order aside at the threshold.
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Chunni Bai v. State of Chhattisgarh
Whether the accused at the time of commission of crime was incapable of making conscious and informed decision or was suffering from certain mental incapacity or unsoundness of mind; Whether a benefit of doubt may be…
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K.P. Tamilmaran v. The State by Deputy Superintendent of Police
Whether the High Court was justified in upholding the conviction and sentence of A-15 under Sections 217, 218, Penal Code, 1860 and ss.3(2)(i), 4, SC/ST Act, 1989 and modifying the conviction and sentence of A-14, while…
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Aejaz Ahmad Sheikh v. State of Uttar Pradesh & Anr.
Issue arose as regards the correctness of the order passed by the High Court by which the accused was acquitted of the offence punishable u/s.302 IPC.
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Pinki v. State of Uttar Pradesh and Anr.
Whether the High Court erred in passing various orders granting bail to accused persons in matters involving offences of serious nature of child trafficking.
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Vinay Aggarwal v. The State of Haryana and Ors.
In the instant case, the Single Judge of the High Court directed that the investigation be handed over to CBI. Whether the order of the Single Judge of the High Court is sustainable.
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Akhilesh v. State of Uttar Pradesh & Ors.
Whether the High Court was justified in setting aside the trial court’s summoning order.
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Yadwinder Singh v. Lakhi Alias Lakhwinder Singh & Anr. Etc.
Whether the High Court was justified in setting aside the order of the Trial Court issuing summons u/s.319, CrPC against the private respondents.
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Amit Kumar & Ors. v. Union of India & Ors.
(i) What is the scope of section 174 CrPC and how is it different from investigation pursuant to filing of FIR under section 154 CrPC. (ii) Whether recourse to inquest proceedings under Section 174 of the CrPC by the…
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Jamin & Anr. v. State of Uttar Pradesh & Anr.
(i) Whether the High Court was right in exercising its revisional jurisdiction for the purpose of setting aside the order of the Trial Court rejecting the second application preferred by the respondent no.2 u/s.319 of…
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Shabeen Ahmad v. The State of Uttar Pradesh & Anr.
Matter pertains to the correctness of the order passed by the High Court granting bail to in-laws of the deceased wife, charged for causing dowry death of the deceased.
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Rajnish Singh @ Soni v. State of U.P. and Another
Matter pertains to the liability of the appellant to be prosecuted for committing rape upon the complainant by giving her a false promise of marriage; and the correctness of the order passed by the High Court dismissing…
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Suneeti Toteja v. State of U.P. & Another
Whether, in light of the facts and circumstances of this case and the position of law apropos to the sanction for prosecution, the High Court ought to have exercised its powers u/s.482 of the CrPC to quash the…
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Md. Bani Alam Mazid @ Dhan v. State of Assam
In a case where the appellant alongwith a co-accused was alleged to have kidnapped and murdered the minor daughter of PW1, the issues for consideration were: (i) Whether the chain of circumstantial evidence based on…
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The State of Madhya Pradesh v. Balveer Singh
Does the Evidence Act, 1872 prescribe any particular age as a determinative factor to treat a witness to be a competent witness; Does the Evidence Act treat evidence of a child on the same footing as any other witness;…
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Vinod @ Nasmulla v. The State of Chhattisgarh
Whether the conviction of the appellant under Section 395 read with Section 397 of the Penal Code, 1860 and Section 25 of the Arms Act, 1959 is justified.
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Vasant @ Girish Akbarasab Sanavale & Anr. v. The State of Karnataka
Issue arose as regards the correctness of the order passed by the High Court reversing the acquittal of the appellants-husband and mother-in-law of the deceased-wife and held them both guilty of offences under the Penal…
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Raja Khan v. State of Chhattisgarh
Whether the prosecution failed to prove the chain of circumstances leading to the guilt of the appellant-accused, beyond reasonable doubt.
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Ayyub & Ors. v. State of Uttar Pradesh & Anr.
Issue arose as regards the correctness of the order of High Court declining to quash the proceedings against the appellants u/s.306, Penal Code, 1860.
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Ramu Appa Mahapatar v. The State of Maharashtra
Whether on the strength of the evidence of the four witnesses, the appellant-accused can be linked with the offence; whether it can be said that the charge against the accused of committing murder of the deceased stood…
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Ashok Saxena v. The State of Uttarakhand Etc.
Whether the High Court committed any error in holding the appellant guilty of the offence of murder.
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Mahabir & Ors. v. State of Haryana
Whether the High Court committed any error in passing the impugned judgment and order of conviction in exercise of its revisional jurisdiction u/s.401 r/w. s.397 of the CrPC; Whether Proviso to s.372 of CrPC creates a…
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Ajay Malik v. State of Uttarakhand & Anr.
(1) Whether the High Court acted well within the contours of its powers under Section 482 of the CrPC in rejecting Ajay Malik’s quashing petition; (2) Whether the High Court fell in error in rejecting the Compounding…
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Chandrabhan Sudam Sanap v. The State of Maharashtra
Matter pertains to the correctness of the order passed by the High Court upholding the conviction of the appellant for rape and murder of the deceased and imposition of death sentence.
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Goverdhan & Anr. v. State of Chhattisgarh
The two accused-appellants and their father-the third accused, were convicted by the trial court u/s.302 r/w s.34 IPC for assaulting a person with deadly weapons causing his death. High Court upheld the conviction of…
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B.N. John v. State of U.P. & Anr.
Appellant herein has sought quashing of criminal proceedings arising under sections 353 and 186 of IPC.
- Poonam Bharadwaj v. State NCT of Delhi & Anr
- Ashish Abrol v. State NCT of Delhi & Anr
- Prince Dixit @ Vikram v. State
- Raja Halder v. State NCT of Delhi
- Mohd Abdul Rehman v. State NCT of Delhi
- Arun Sharma v. C B I
- Ajay Bali v. C.B.I
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Prakash and Others v. The State of Maharashtra and Another
Issue arose whether the courts below were justified in accepting the prosecution case that the act of suicide by the victim was a direct result of the words uttered by the appellants at the mahalokadalat when there was…
- State v. Sanjay Kumar Shah & Ors
- Prabha Aggarwal v. State NCT of Delhi Anr
- Shashi Kant Gupta v. State Through Incharge Economic Offence Wing
- Dr. Ratan Lal v. State Govt. of NCT of Delhi & Anr
- Salim Malik @Munna v. State (Nct of Delhi)
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Om Prakash Yadav v. Niranjan Kumar Upadhyay & Ors.
Issue arose as regards whether in the absence of the grant of sanction for prosecution u/s.197 CrPC, the CJM, Firozabad could have taken cognizance of the charge sheets against the respondents; and whether the offence…
- State v. Sanjeev Bhatia
- Shamima Khatoon v. State
- Sanjeev Aggarwal v. State of NCT of Delhi & Anr
- State Govt. of NCT of Delhi v. Mukesh Kumar
- Nrupalbhai Narendrabhai Shah v. State of NCT of Delhi
- Nrupalbhai Narendrabhai Shah v. State of NCT of Delhi & Anr
- State v. Mohd Rashid
- Amritpal Singh v. National Investigation Agency
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Ashok v. State of Uttar Pradesh
Matter pertains to the correctness of the order of conviction and sentence against the appellant, for the offences punishable u/ss.376, 302, 201 IPC as also SC and ST Act 1989; and as regards the role of the Public…
- Narender Singh v. Sheela Devi & Ors
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Vijaya Singh & Anr. v. State of Uttarakhand
Whether the Criminal Appeal filed by the Appellants challenging the conviction under Section 302/201 IPC can be entertained in the facts and circumstances of the case.
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Randeep Singh @ Rana & Anr. v. State of Haryana & Ors.
Issue arose as regards conviction and sentence of the appellants u/ss.364, 302, 120-B and 201 IPC for abduction and brutal murder of the victim, if justified.
- Ankit Tiwari v. The State NCT of Delhi and Ors
- Nilesh Singh Alias Nilesh Kumar v. State Govt of NCT of Delhi Ors
- Samir Amir Saiyed v. State (Government of NCT of Delhi)
- Deepak Tiwari v. The State NCT of Delhi
- Lokesh @Machchhar v. State of NCT of Delhi
- Babloo Singh v. State of Delhi (Nct of Delhi) & Anr
- Neelam India Pvt. Ltd. & Ors v. The Investigating Officer Police Station Lahori Gate & Anr
- Edwin Dsouza Through His Gpa v. Ran Singh & Anr
- Abdul Khalid Saifi @ Khalid Saifi v. State of NCT of Delhi
- Manish Saini v. Government of NCT of Delhi and Anr. & Anr
- G K Arora v. State Govt of NCT of Delhi & Anr
- Sanaulla Zulfiqar Ahmed Khan v. State of Delhi & Anr
- State v. Naveen Kumar Dhoulpuria
- Ravinder Singh v. State (Govt of NCT of Delhi) & Anr
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Shyam Narayan Ram v. State of Uttar Pradesh & Anr. Etc.
Whether the High Court fell in error in remanding the matter to Trial Court and giving liberty to the accused to cross-examine a prosecution witness and allowing the prosecution to lead further evidence in the form of…
- Pyare Lal v. The State NCT of Delhi & Anr
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Vishwajeet Kerba Masalkar v. State of Maharashtra
Whether the conviction of the appellant and the death sentence awarded for the alleged murders of his wife, daughter and mother were justified.
- Rahul Rai v. State
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Sandeep v. State of Uttarakhand
The Sessions Court found the appellant guilty of the offence u/s.302 r/w. s.34 IPC, convicted and sentenced him to undergo rigorous imprisonment for life. The judgment of conviction and sentence passed by the Sessions…
- Uttam Tagaray v. Central Bureau of Investigation
- Om Gupta v. State of Delhi NCT & Ors
- Bhupender @ Rohit v. State (Govt. of NCT of Delhi)
- Om Gupta v. State & Anr