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, allowing the defense to use the written statement to challenge Priya's credibility. The prosecution is also allowed to use the statement to clarify any contradictions during re-examination.

Example 3:

Amit is accused of theft, and during the police investigation, his friend Suresh gives a statement to the police officer. The statement is recorded in the police diary. During Amit's trial, Suresh is called as a witness by the prosecution. Amit's lawyer wants to use Suresh's statement to the police to show that Suresh's testimony in court is inconsistent with what he told the police. According to Section 181, the lawyer can use Suresh's statement to contradict him, but only if it is done in accordance with the Bharatiya Sakshya Adhiniyam, 2023. The court allows this, and the lawyer uses the statement to highlight the inconsistencies in Suresh's testimony.

Example 4:

During a murder investigation in Bangalore, the police take a statement from a key witness, Anjali. The statement is written down but not signed by Anjali. At the trial, Anjali's testimony differs from her initial statement to the police. The defense seeks to use the written statement to challenge Anjali's credibility. The court, following Section 181, allows the defense to use the statement to contradict Anjali, provided it is done as per the rules laid out in the Bharatiya Sakshya Adhiniyam, 2023. The prosecution is also given the opportunity to use the statement to explain any discrepancies during re-examination.

Example 5:

In a case of fraud in Kolkata, the police record a statement from a suspect, Ravi, during their investigation. The statement is not signed by Ravi. During the trial, the prosecution tries to use Ravi's statement to the police as evidence against him. However, under Section 181, such a statement cannot be used directly as evidence in the trial. The court disallows the prosecution from using the statement, ensuring that Ravi's rights are protected as per the legal provisions.