Lawgist161Examination of witnesses by police
(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.
1[Provided that statement made under this sub-section may also be recorded by audio-video electronic means:]
2[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 376B, section 376C, section 376D, 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.]
STATE AMENDMENT
Chhattisgarh--
The second proviso to sub-section (3) of section 161 of the Code, shall be substituted with the following proviso, namely: --
Provided further that statement of the woman against whom an offence under section 354, section 354A, section 354B, section 354C, section 354D, section 354E, section 376, section 376A, section 376B, section 376C, section 376D, section 376E, section 509, section 509A or section 509B of the Indian Penal Code, is alleged to have been committed or attempted, shall be recorded, as far as possible, by woman police officer and shall also be recorded by audio-video means, as far as possible, and it shall be the duty of such police officer to take all such steps as are necessary to protect the identity of the woman.
[Vide Chhattisgarh Act 25 of 2015, s. 8]
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1. Ins. by Act 5 of 2009, s. 12 (w.e.f. 31-12-2009).
2. Ins. by Act 13 of 2013, s. 15 (w.e.f. 3-2-2013).
- 154 Information in cognizable cases
- 155 Information as to non-cognizable cases and investigation of such cases
- 156 Police officer‘s power to investigate cognizable case
- 157 Procedure for investigation
- 158 Report how submitted
- 159 Power to hold investigation or preliminary inquiry
- 160 Police officer‘s power to require attendance of witnesses
- 161 Examination of witnesses by police
- 162 Statements to police not to be signed: Use of statements in evidence
- 163 No inducement to be offered
- 164 Recording of confessions and statements
- 164A Medical examination of the victim of rape
- 165 Search by police officer
- 166 When officer in charge of police station may require another to issue search-warrant
- 166A Letter of request to competent authority for investigation in a country or place outside India
- 166B Letter of request from a country or place outside India to a Court or an authority for investigation in India
- 167 Procedure when investigation cannot be completed in twenty-four hours
- 168 Report of investigation by subordinate police officer
- 169 Release of accused when evidence deficient
- 170 Cases to be sent to Magistrate, when evidence is sufficient
- 171 Complainant and witnesses not to be required to accompany police officer and not to be subjected to restraint
- 172 Diary of proceedings in investigation
- 173 Report of police officer on completion of investigation
- 174 Police to enquire and report on suicide, etc
- 175 Power to summon persons
- 176 Inquiry by Magistrate into cause of death
