CrPC Section 161: Examination of witnesses by police
Code of Criminal Procedure, 1973 · Chapter 12: Information - the police and their powers - Investigate
Repealed on 1 July 2024 and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
¶ 161. Examination 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.
¶*[Provided that statement made under this sub-section may also be recorded in audio –video electronic means.]
¶[*Proviso inserted by the Code of Criminal Procedure (Amendment) Act, 2008 w.e.f. 31.12.2009]
Study: explanations and related material
Now BNSS 180 (corresponding section). CrPC → BNSS converterSource: BPR&D BNSS–CrPC corresponding section table (UP Police, 2024-07-03), p10
Official reference: Ministry of Home Affairs: historical CrPC reference — source link checked: 2 October 2026.Recorded edition / snapshot date: 2024-06-30.Mobile-app reference import; the recorded snapshot date is not a fresh legal-currency guarantee. The linked government text is an independent authoritative reference, not certification that this website reproduces the same edition. The source link was checked, not every provision or subsequent amendment. Check commencement notifications, savings and jurisdiction-specific variations separately. Section 135 was restored and individually checked against the linked government PDF (pages 75–76) on 2026-10-02; this is not a verification of the whole collection. Schedules and forms are not consolidated here. Historical code retained for reference; read the repeal/savings provisions in the successor code.
This text is for reference, not legal advice. Consult the official source for the authoritative text.
Other sections in this chapter
- 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 cases
- 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
- 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 subject to restraint
- 172. Diary of proceeding in investigation
- 173. Report of police officer on completion of investigation
- 174. Police to inquire and report on suicide, etc
- 175. Power to summon persons
- 176. Inquiry by Magistrate into cause of death