Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 180: 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 by audio-video electronic means:
- Provided further that the statement of a woman against whom an offence under section 64, section 66, section 67, section 68, section 70, section 71, section 73, section 74, section 75, section 76, section 77 or section 78 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.
Brief Detail
This section outlines the authority and procedure for police officers to examine witnesses during investigations. It establishes that witnesses must answer questions truthfully, except when such answers could incriminate them. The section also allows for statements to be recorded in writing or through audio-video means, with specific provisions for recording the statements of women in cases involving certain offenses.
Question & Answers
Q1: Who can examine witnesses under Section 180?
A1: Any police officer making an investigation or any officer of a prescribed rank can examine witnesses.
Q2: Are witnesses required to answer all questions?
A2: Witnesses must answer truthfully all questions except those that could expose them to criminal charges or penalties.
Q3: How can police officers record statements from witnesses?
A3: Police officers can record statements in writing or through audio-video electronic means.
Q4: What is special about recording statements from women in certain cases?
A4: The statement of a woman alleging an offense must be recorded by a woman police officer or any woman officer.
Example
- A police officer investigating a theft can summon a neighbor who might have witnessed the incident to answer questions about what they saw.
- If a witness is asked questions during the examination, they must respond truthfully, but they can refuse to answer if it might lead to self-incrimination.
- A woman alleging assault will have her statement recorded only by a female officer to ensure comfort and sensitivity in the process.
Summary
Section 180 of the Bharatiya Nagarik Suraksha Sanhita, 2023 grants police officers the power to examine witnesses, ensuring they answer truthfully while providing protections against self-incrimination. It allows for the recording of statements in various formats and mandates that statements from women in specific cases be recorded by female officers, promoting a sensitive approach in handling such matters.
