Section 180: Examination Of Witnesses By Police
Code:
- Authority to Examine Persons: Any police officer conducting an investigation under this chapter, or a police officer not below a certain rank (as prescribed by the State Government) acting on behalf of the investigating officer, may orally examine any person believed to be acquainted with the facts or circumstances of the case.
- Obligation to Answer Questions: The person being examined is obligated to truthfully answer all questions relating to the case, except for questions that may expose them to a criminal charge, penalty, or forfeiture.
- Recording of Statements: The police officer has the authority to record the statements made during the examination. If the statement is recorded, a separate and true record of each person’s statement must be made.
- Provision for Audio-Video Recording: Statements may also be recorded using audio-video electronic means.
- Special Provision for Women: If the statement involves a woman who is the victim of certain offences under specified sections of the Bharatiya Nyaya Sanhita, 2023, her statement must be recorded by a female police officer or any woman officer.
Explanation: What Is Examination Of Witnesses By Police
This section deals with the power of police officers to examine individuals during an investigation. It outlines the circumstances under which a police officer can compel a person to answer questions related to a case.
Key Provisions: Examination Of Witnesses By Police
- Any investigating police officer or an officer of a higher rank designated by the State Government can examine a person believed to have knowledge about a case.
- The person being examined is legally obligated to answer all questions truthfully, except those whose answers might expose them to a criminal charge, penalty, or forfeiture.
- The police officer can record the statements made during the examination in writing or through audio-video electronic means.
- In cases where a woman is accused of certain offenses related to sexual assault (Sections 64 to 78 of the Bharatiya Nyaya Sanhita, 2023), her statement must be recorded by a woman police officer or any woman officer.
Illustration:
Imagine a theft case. The police officer investigating the case believes that a neighbor saw something suspicious. The police officer can summon the neighbor and question them about the incident. The neighbor is obligated to answer all questions truthfully except those that could potentially expose them to a criminal charge.
Common Questions and Answers:
Q: Can the police compel me to answer questions if I am a suspect?
A: Yes, but you are not obligated to answer questions that could incriminate you (expose you to a criminal charge).
Q: Can the police record my statement without my consent?
A: Yes, they can record your statement in writing or through audio-video means during the examination.
Q: What if I am a woman accused of sexual assault?
A: Your statement must be recorded by a woman police officer or any woman officer.
