Section 161 of CrPC : Section 161: Examination Of Witnesses By Police

Explanation using Example

Imagine a scenario where there has been a burglary in a neighborhood, and the police are called to investigate. An investigating officer arrives and begins to question the residents to gather information about the incident. One of the neighbors, Mr. Sharma, is believed to have seen the burglar fleeing the scene.

The officer approaches Mr. Sharma and asks him to describe what he saw. Mr. Sharma is legally bound to answer the officer's questions truthfully, as long as the questions do not force him to incriminate himself. The officer takes notes of Mr. Sharma’s account to add to the investigation records. This is an application of Section 161(1) and (2) of The Code of Criminal Procedure, 1973.

If during the same investigation, a woman reports that the burglar attempted to assault her as he was escaping, a woman police officer is assigned to record her statement to ensure her comfort and safety, in accordance with the provisions tailored for recording statements of female victims of certain offenses. This is in line with the second proviso of Section 161(3).

In states like Chhattisgarh, the woman's statement would be recorded by a woman officer and, as far as possible, also by audio-video means to protect her identity. This demonstrates the state amendment to the central law, enhancing protections for women during the investigation process.