Section 161 CrPC: Examination of Witnesses by Police in India

1. Code

Section 161 of the Code of Criminal Procedure, 1973 (CrPC) deals with the examination of witnesses by the police during an investigation.

2. Explanation

This section empowers a police officer, not below the rank of Sub-Inspector, to examine any person who is likely to furnish information relating to the case. The examination must be conducted in the presence of the person being examined and recorded in writing. However, the police officer is not authorized to compel the person to answer any questions that could incriminate them.

3. Illustration

Imagine a theft case. The police officer investigating the case wants to question the neighbor of the victim who may have witnessed something suspicious. The officer can examine the neighbor under Section 161 CrPC, recording the answers provided. However, the neighbor is not obliged to answer any questions that might expose them to criminal liability.

4. Common Questions and Answers

• Q: Can the police officer compel me to answer questions under Section 161 CrPC?
• A: No. You have the right to remain silent and refuse to answer any questions that could incriminate you. However, you must answer questions that are not incriminating.
• Q: What happens if I refuse to answer questions?
• A: The police officer cannot force you to answer. However, your refusal may be noted in the record, which could be used in court.
• Q: What happens to the information recorded under Section 161 CrPC?
• A: The statement recorded under Section 161 CrPC is not admissible as evidence in court. However, it can be used to corroborate or contradict the witness’s testimony in court.