“(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.”
The scope of Section 161 includes actual accused and suspect and this Section enables any Police Officer to examine an accused during investigation. The words “any person” in this Section, which must be read in conjunction with Section 162, include any person who may subsequently be accused of the crime in respect of which the investigation is made by the police officer. The word “truly” used after the word “answer” indicates that the person examined is legally bound to state the truth. A person who gives false information in answer to such questions can be prosecuted under the provisions of Sections 202 and 203 of the Indian Penal Code. If you want to be a judicial officer and are looking for RJS coaching in Jaipur, here, at Jyoti Judiciary we provide comprehensive study material to make your preparation solidified and topnotch. From preliminary mock tests, to mains answer writing sessions every material required for clearing the exam is provided. We have separate legal current affairs classes, legal general knowledge, current affairs classes all in one time enrolment. Hurry up.
