Section 180 BNSS: Examination of witnesses by police (Formerly Section 161 CrPC)

Section 180 of Bharatiya Nagarik Suraksha Sanhita, 2023: Examination of witnesses by police

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Charge Sec 2(1)(b) Investigation Sec 2(1)(h)

Legal Commentary & Landmark Judgments: Section 180

Section 180 of the Bharatiya Nagarik Suraksha Sanhita, 2023 governs the oral examination of witnesses by the police and the statutory recording of their statements.

Core Legal Standard: Section 180 authorizes the investigating officer to examine orally any person supposed to be acquainted with the facts and circumstances of the case.
Framing & Alteration of Charges: Sub-section (2) obligates such person to answer truly all questions relating to such case put to them by such officer, other than questions the answers to which would have a tendency to expose them to a criminal charge or to a penalty or forfeiture.

Under sub-section (3), the police officer may reduce into writing any statement made to them in the course of an examination, and in a major BNSS advancement, the statement of witnesses may also be recorded by audio-video electronic means.

Key Landmark Precedents:

Nandini Satpathy v. P.L. Dani (1978) 2 SCC 424: The Supreme Court authoritatively held that 'tendency to expose to a criminal charge' protects any answer which would furnish a link in the chain of evidence; coercive interrogation violating right to silence violates Article 20(3).
State of Karnataka v. K. Yarappa Reddy (1999) 8 SCC 715: Affirmed that statements recorded under Section 161 CrPC (Sec 180 BNSS) are not substantive evidence and can be used solely for the limited statutory purpose of contradiction.

Legal Commentary:

Section 180 statements are the factual skeleton of the prosecution case. While statements to police cannot be signed or used as substantive evidence, defense advocates rely on them to impeach prosecution witnesses under Section 145 of the Evidence Act regarding material improvements or omissions.