Examination of witnesses by police

All Acts ⚖️BNS 📋CPC 🛡️CrPC 🏛️COI 💍HMA 🧾ITA ⚖️IPC

What does this section state?

Section 161 empowers a police officer investigating a case to orally examine any person believed to be acquainted with the facts and circumstances of the case, and to reduce their statement to writing. These statements form a core part of how police build their understanding of a case during investigation, capturing what witnesses say close in time to the events described.

Crucially, statements recorded under this section are not required to be signed by the witness, and — except in limited circumstances — cannot be used as substantive evidence at trial to prove the truth of what was said. Instead, they are generally used only to contradict a witness under Section 145 of the Evidence Act, if the witness later says something different in court.

For offences investigated on or after 1 July 2024, the equivalent provision is Section 180 of the Bharatiya Nagarik Suraksha Sanhita.

Punishment Not applicable — not a criminal provision

Triable By Not applicable — a procedural provision, not a triable offence

Bailable Not Applicable

Cognizable Not Applicable

Compoundable Not Applicable

Frequently Asked Questions

What does this provision actually do?

See the explanation above. This is a civil, procedural, or constitutional provision rather than a criminal offence, so it doesn't carry a punishment — it defines a right, remedy, or procedure instead.

Can a statement recorded under this section be used as evidence at trial?

Generally no — such statements cannot be used as substantive evidence to prove the truth of their contents, but can be used to contradict the witness under Section 145 of the Evidence Act if their courtroom testimony differs from what they told police.

Is a witness required to sign this statement?

No — statements recorded under Section 161 are specifically not required to be signed by the witness, partly to prevent them from being treated as more authoritative or binding than intended.

What happens if a witness later contradicts their police statement?

The earlier statement can be used during cross-examination to challenge the witness’s credibility by highlighting the inconsistency, though it cannot itself be treated as proof of what actually happened.

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This page is for general information only and is not a substitute for advice from a qualified advocate. Always verify against the current official bare act.