CrPC Section 161
Section 161 of the Criminal Procedure Code (CrPC), 1973
Examination of Witnesses by Police
Bare Text of Section 161(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 request of such officer, may examine orally any person supposed to be acquainted with the facts and circumstances of the case."
Detailed Explanation:
1. Purpose of Section 161:
Section 161 empowers a police officer conducting a criminal investigation to orally examine any person (including witnesses and suspects) who is believed to have knowledge of the crime or incident under investigation.
It is a key provision that helps the police collect facts, identify culprits, and understand the full scope of the offense.
2. Who Can Be Examined?
Any person who is supposed to be acquainted with the facts and circumstances of the case.
This may include:
Victims
Eyewitnesses
Neighbors or bystanders
Accused (though protections apply)
Family members of victims or suspects
3. Key Features of the Examination:
| Feature | Description |
|---|---|
| Oral Examination | The person is questioned verbally by the police officer. |
| Under Investigation Chapter | Applies during an investigation of a cognizable offense. |
| Written Record | Police may reduce the statement to writing, which is then signed only by the officer (not the witness). |
| Use in Trial | The statement is not treated as substantive evidence, but may be used to contradict or corroborate in court under Sections 145 and 157 of the Indian Evidence Act. |
| Right Against Self-Incrimination | As per Article 20(3) of the Constitution, accused persons cannot be forced to make self-incriminating statements. |
4. Legal Safeguards (Section 161(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."
This means:
The person must answer truthfully.
But they can refuse to answer self-incriminating questions.
5. Practical Example:
In a murder case, the police may examine:
Neighbors who heard noises.
The shopkeeper who sold the weapon.
The victim’s family members.
All of them may be examined under Section 161, and their statements are recorded by the investigating officer.
6. Legal Utility of Section 161 Statements:
Statements made under Section 161:
Are not admissible as evidence during trial by themselves.
Can be used to contradict a witness if they change their version in court.
Can help the police in framing the charge sheet.
Summary Table:
| Element | Detail |
|---|---|
| Who Can Record | Investigating police officer |
| Who Can Be Examined | Any person acquainted with case facts |
| Nature of Statement | Oral (may be written); not signed by the witness |
| Legal Value | Not substantive evidence; used for contradiction/corroboration |
| Protection for Accused | Cannot be forced to self-incriminate (Article 20(3) of Constitution) |
| Purpose | Helps in evidence collection and establishing facts during investigation |
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