eCourtsIndia
IndiaCode Laws
Section161
Crpc 1973

Examination of witnesses by police

Repealed Act 2 of 1974 As on 18 Oct 2026

Read from the scanned gazette. India Code publishes no text for this Act, so the text below was read from the Government's own scan by machine and split into sections by its numbering. It has not been checked against the page word by word. Where it matters, read the scan. Read the scan.

Act 2 of 1974 Cited by 6 provisions

This is a second copy of a Central Act. India Code files it on Rajasthan's shelf as well as under Parliament, and the text is the same enactment. Read it at The Code of Criminal Procedure, 1973, which is the record this site keeps current.

Read from the scanned gazette. India Code publishes no text for this Act, so this text was read from the Government's own scan by machine and split into sections by its numbering. It has not been checked against the page word by word. Where it matters, read the scan. Read the scan.

Section 161 of Crpc 1973 deals with examination of witnesses by police. 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 fac

(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 1. Ins. by Act 5 of 2009, s.11 (w.e.f. 31-12-2009). 2. Subs. by Act 13 of 2013, s. 14, for "under the age of fifteen years or woman" (w.e.f. 3-2-2013). 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:] 2 [Provided further that the statement of a woman against whom an offence under section 354, section 354A, section 354B, section 354C, section 354D, section 376, 3[section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB], section 376E or section 509 of the Indian Penal Code (45 of 1860) is alleged to have been committed or attempted shall be recorded, by a woman police officer or any woman officer.] STATE AMENDMENT Chhattisgarh The second proviso to sub-section (3) of section 161 of the Code, shall be substituted with the following proviso, namely: - e Provided further that statement of the woman against whom an offence under section 354, section 354A, section 354B, section 354C, section 354D, section 354E, section 376, section 376A, section 376B, section 376C, section 376D, section 376E, section 509, section 509A or section 509B of the Indian Penal Code, is alleged to have been committed or attempted, shall be recorded, as far as possible, by woman police officer and shall also be recorded by audio-video means, as far as possible, and it shall be the duty of such police officer to take all such steps as are necessary to protect the identity of the woman. [Vide Chhattisgarh Act 25 of 2015, s. 8] Ind

Section 161, Crpc 1973 (Act 2 of 1974).

Cross-references

Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.

This section refers to

  1. s. 3 Construction of references
  2. s. 354 Language and contents of judgment
  3. s. 376 No appeal in petty cases
  4. Indian Penal Code s. 509 Word, gesture or act intended to insult the modesty of a woman

Referred to by 6

  1. s. 39 Public to give information of certain offences
  2. s. 172 Diary of proceedings in investigation
  3. s. 173 Report of police officer on completion of investigation
  4. s. 207 Supply to the accused of copy of police report and other documents
  5. s. 208
  6. s. 484 Repeal and savings

Questions about Section 161

What does Section 161 of the Crpc 1973 deal with?

Section 161 of the Crpc 1973 is headed "Examination of witnesses by police". 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 fac

How do I find court cases under Section 161 of the Crpc 1973?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CRPC 1973 161, section 161 CRPC 1973, section 161 of the Crpc 1973. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.

What should I read with Section 161 of the Crpc 1973, and has it changed?

Its own text turns on section 3 (Construction of references), section 354 (Language and contents of judgment), section 376 (No appeal in petty cases), Indian Penal Code 509 (Word, gesture or act intended to insult the modesty of a woman), so none of them can safely be read on its own. 6 other provisions in this corpus refer back to it.

When was the Crpc 1973 enacted?

Crpc 1973 was enacted in 1974 as Act 2 of 1974. India Code records no commencement date for it. It is no longer in force.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/d6704d19-8614-4131-9317-7b9b9809d0c5.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/e65f6054-803f-42a5-9f41-bd7fbeabcb51/content). This page is not a substitute for legal advice.