Examination of witnesses by police
AI Assist
Summary
Police officers investigating under this Chapter, or an officer of a rank the State Government prescribes on requisition, may orally examine any person believed to know the facts. The person must answer truthfully except where an answer would tend to expose them to a criminal charge, penalty, or forfeiture. The officer may record statements in writing or by audio-video and must make a separate true record for each person. If a woman is accused of any of the listed offences, her statement must be recorded by a woman officer.
Example
Rohan, a shop assistant, is questioned by a police officer investigating a theft. He must answer truthfully unless an answer would tend to incriminate him. The officer writes down Rohan's answers or records them on audio-video and makes a separate true record of his statement.
Bare Act
Enacted text(1) Any police officer making an investigation under this Chapter, or any police officer not below such rank as the State Government may, by general or special order, prescribe in this behalf, acting on the requisition of such officer, may examine orally any person supposed to be acquainted with the facts and circumstances of the case.
(2) Such person shall be bound to answer truly all questions relating to such case put to him by such officer, other than questions the answers to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture.
(3) The police officer may reduce into writing any statement made to him in the course of an examination under this section; and if he does so, he shall make a separate and true record of the statement of each such person whose statement he records:
Provided that statement made under this sub-section may also be recorded by audio-video electronic means:
Provided further that the statement of a woman against whom an offence under section 64, section 65, section 66, section 67, section 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77, section 78, section 79 or section 124 of the Bharatiya Nyaya Sanhita, 2023 is alleged to have been committed or attempted, shall be recorded, by a woman police officer or any woman officer.
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