Section 180 BNSS 2023: Examination of Witnesses by Police
Section 180 of the Bharatiya Nagarik Suraksha Sanhita, 2023 governs the oral examination of persons by police during investigation. It explains who may conduct the examination, the duty of the person questioned to answer truthfully, the protection against answers that may expose the person to a criminal charge, penalty or forfeiture, and the manner in which statements may be recorded.
Current law: The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act 46 of 2023 and came into force on 1 July 2024, subject to the notified exception concerning the entry relating to Section 106(2) of the Bharatiya Nyaya Sanhita, 2023 in the First Schedule.
Text of Section 180 BNSS
180. Examination of witnesses by police.
(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.
Meaning and scope of Section 180
Section 180 regulates police questioning of persons who are believed to know facts relevant to an investigation. The provision follows Section 179 BNSS, which deals with requiring attendance of such persons, and precedes Section 181 BNSS, which governs statements made to police and their use.
1. Who may examine a witness?
A police officer making an investigation under the Chapter may examine orally any person supposed to be acquainted with the facts and circumstances of the case. A second police officer may also conduct the examination when acting on the investigating officer's requisition, provided that officer is not below the rank prescribed by the State Government through a general or special order.
2. Examination is oral
Sub-section (1) expressly authorises oral examination. The purpose is to obtain information from a person believed to know relevant facts or circumstances connected with the investigation.
Duty to answer truly and protection against self-incrimination
Under Section 180(2), the person examined is generally bound to answer truthfully questions relating to the case. However, the statute creates an important exception: the person is not bound to answer a question where the answer would tend to expose that person to a criminal charge, penalty, or forfeiture.
Key safeguard: The duty to answer truly is not absolute. Section 180(2) expressly protects a person from being compelled to give an answer that would tend to expose that person to criminal liability, a penalty, or forfeiture.
Recording statements under Section 180(3)
A police officer may reduce a statement made during examination into writing. If the officer chooses to record statements in writing, a separate and true record must be made for each person whose statement is recorded.
Audio-video electronic recording
The first proviso to Section 180(3) expressly permits a statement to be recorded by audio-video electronic means. This is one of the technology-enabled features incorporated into the BNSS investigation framework.
Special safeguard for statements of women victims
The second proviso to Section 180(3) requires that the statement of a woman against whom any of the specified offences under the Bharatiya Nyaya Sanhita, 2023 is alleged to have been committed or attempted must be recorded by a woman police officer or any woman officer.
The BNS provisions referred to in Section 180 include:
- Sections 64 to 71: provisions concerning punishment for rape, specified aggravated or related sexual offences, sexual intercourse by a husband during separation, abuse of authority, sexual intercourse by deceitful means, gang rape, and repeat offenders.
- Sections 74 to 79: offences concerning assault or criminal force against a woman with intent to outrage modesty, sexual harassment, disrobing, voyeurism, stalking, and words, gestures or acts intended to insult the modesty of a woman.
- Section 124: voluntarily causing grievous hurt by use of acid, including the related attempt provision.
Practical effect of Section 180 BNSS
- Police may orally examine persons believed to know relevant facts of the case.
- A duly authorised police officer of the prescribed rank may also conduct the examination on requisition.
- The person questioned must ordinarily answer relevant questions truthfully.
- The person need not answer a question that may expose that person to criminal charge, penalty or forfeiture.
- Written statements must be separately and truthfully recorded for each person.
- Statements may be recorded through audio-video electronic means.
- Statements of women victims in the specified BNS offences must be recorded by a woman police officer or any woman officer.
Relationship between Sections 179, 180 and 181 BNSS
Section 179 concerns the police power to require attendance of persons acquainted with the facts of a case. Section 180 governs their examination and recording of statements. Section 181 then addresses statements made to police and the manner in which such statements may be used.
Official legal resources
The authoritative statutory text and official information on the new criminal laws are available from the following Government of India sources:
Related BNSS provisions
Disclaimer: This page is intended for general legal information and statutory reference. It is not a substitute for professional legal advice on the facts of a particular case.