Section 181 of BNSS : Section 181: Statements to police and use thereof.

Explanation using Example

Example 1:

Rajesh is a shopkeeper in Mumbai. One day, his shop is robbed, and he calls the police. During the investigation, Rajesh gives a detailed statement to the police officer about the incident. The police officer writes down Rajesh's statement in his diary. Later, during the trial, the defense lawyer tries to use Rajesh's written statement to prove inconsistencies in his testimony. According to Section 181 of the Bharatiya Nagarik Suraksha Sanhita 2023, Rajesh's written statement to the police cannot be used directly in the trial unless it is used to contradict his testimony as per the provisions of the Bharatiya Sakshya Adhiniyam, 2023. The court allows the defense to use the written statement to highlight contradictions, but only in the manner prescribed by law.

Example 2:

Priya is a witness to a hit-and-run accident in Delhi. She provides a statement to the police during their investigation. The police officer records her statement in writing but does not ask her to sign it. During the trial, the prosecution calls Priya as a witness. The defense lawyer points out that Priya's statement to the police is different from her testimony in court. The defense lawyer seeks permission from the court to use Priya's written statement to contradict her testimony. The court permits this under Section 181, a...

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