Section 161 of CrPC : Section 161: Examination of witnesses by police.

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 161:

1. Investigation Initiation: A police officer, Inspector Sharma, is assigned to investigate the burglary.
2. Witness Examination: Inspector Sharma identifies Mr. Ramesh, a neighbor who might have seen something suspicious on the night of the burglary.
3. Oral Examination: Inspector Sharma visits Mr. Ramesh and asks him questions about what he saw or heard that night. Mr. Ramesh is legally bound to answer all questions truthfully, except those that might incriminate him.
4. Recording Statements: During the examination, Mr. Ramesh mentions seeing a stranger loitering near the house. Inspector Sharma writes down Mr. Ramesh's statement accurately and separately from other witnesses' statements.

Example 2:

Scenario: A woman, Ms. Priya, has reported a case of sexual harassment in Raipur, Chhattisgarh.

Application of Section 161 with State Amendment:

1. Investigation Initiation: Sub-Inspector Kavita is assigned to investigate the case.
2. Witness Examination: Sub-Inspector Kavita needs to record Ms. Priya's statement regarding the harassment incident.
3. Special Provisions for Women: As per the Chhattisgarh amendment, Sub-Inspector Kavita, being a woman police officer, records Ms. Priya's statement. She also ensures that the statement is recorded using audio-video means to maintain accuracy and transparency.
4. Protecting Identity: Sub-Inspector Kavita takes necessary steps to protect Ms. Priya's identity throughout the investigation process, ensuring her safety and privacy.

Example 3:

Scenario: A hit-and-run accident occurs in Delhi, and the police are investigating the incident.

Application of Section 161:

1. Investigation Initiation: Sub-Inspector Raj is assigned to investigate the hit-and-run case.
2. Witness Examination: Sub-Inspector Raj identifies Mr. Anil, a shopkeeper who might have witnessed the accident.
3. Oral Examination: Sub-Inspector Raj questions Mr. Anil about the details of the accident. Mr. Anil is legally required to answer all questions truthfully, except those that might incriminate him.
4. Recording Statements: Mr. Anil provides details about the car involved in the accident. Sub-Inspector Raj writes down Mr. Anil's statement accurately and separately from other witnesses' statements.

Example 4:

Scenario: A case of financial fraud is reported in Bangalore, and the police are investigating the matter.

Application of Section 161:

1. Investigation Initiation: Inspector Mehta is assigned to investigate the financial fraud case.
2. Witness Examination: Inspector Mehta identifies Ms. Sunita, an employee of the company where the fraud occurred, who might have information about the case.
3. Oral Examination: Inspector Mehta questions Ms. Sunita about the financial transactions and any suspicious activities she might have noticed. Ms. Sunita is legally required to answer all questions truthfully, except those that might incriminate her.
4. Recording Statements: Ms. Sunita provides information about unusual transactions. Inspector Mehta writes down Ms. Sunita's statement accurately and separately from other witnesses' statements.