Section 180 of BNSS : Section 180: Examination of witnesses by police.
BNSS
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Explanation using Example
Example 1:
Scenario: A burglary has occurred in a residential area in Mumbai. The police are investigating the case.
Application of Section 180:
- Investigation Initiation: A police officer of the rank of Sub-Inspector, as prescribed by the State Government, begins the investigation.
- Examination of Witnesses: The officer identifies a neighbor who might have seen suspicious activity around the time of the burglary. The officer orally questions the neighbor about what they saw.
- Obligation to Answer: The neighbor is legally bound to answer all questions truthfully, except those that might incriminate them.
- Recording Statements: The officer writes down the neighbor's statement. Additionally, the officer uses a body camera to record the interview for accuracy and transparency.
Example 2:
Scenario: A woman reports a case of domestic violence in Delhi. The police are called to investigate.
Application of Section 180:
- Investigation Initiation: A police officer of the rank of Inspector, as prescribed by the State Government, is assigned to the case.
- Examination of Witnesses: The officer needs to question the woman about the incident. Since the case involves allegations under sections related to domestic violence (e.g., Section 75 of the Bharatiya Nyaya Sanhita, 2023), the statement must be recorded by a woman police officer.
- Obligation to Answer: The woman is required to answer all questions truthfully, except those that might incriminate her.
- Recording Statements: The woman police officer records the woman's statement in writing and also uses an audio-video recording device to ensure the statement is accurately captured.
Example 3:
Scenario: A hit-and-run accident occurs in Bangalore, and the police are investigating to find the culprit.
Application of Section 180:
- Investigation Initiation: A police officer of the rank of Assistant Sub-Inspector, as prescribed by the State Government, starts the investigation.
- Examination of Witnesses: The officer identifies a shopkeeper who might have seen the vehicle involved in the accident. The officer questions the shopkeeper about the vehicle's description and the direction it went.
- Obligation to Answer: The shopkeeper is legally required to answer all questions truthfully, except those that might incriminate him.
- Recording Statements: The officer writes down the shopkeeper's statement and also records the interview using a mobile phone to ensure accuracy.
Example 4:
Scenario: A case of cyber fraud is reported in Hyderabad, and the police are investigating the incident.
Application of Section 180:
- Investigation Initiation: A police officer of the rank of Deputy Superintendent of Police, as prescribed by the State Government, is assigned to the case.
- Examination of Witnesses: The officer needs to question an IT professional who might have information about the fraudulent transactions. The officer questions the IT professional about the technical details of the transactions.
- Obligation to Answer: The IT professional is required to answer all questions truthfully, except those that might incriminate him.
- Recording Statements: The officer writes down the IT professional's statement and also uses a laptop to record the interview via video conferencing for accuracy and transparency.
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