IPC Section 161
IPC Section 161 – Power to Require Attendance of Witnesses and Production of Documents
Bare Act Language:
_"(1) Any police officer may, without a warrant, require the attendance before him of any person who is supposed to be acquainted with the facts and circumstances of a case, or the production of any document which may be useful or relevant to an investigation.**
(2) Every such attendance and production of documents shall be recorded in writing, and the writing shall be signed by the person giving the statement."_
Explanation in Detail:
1. Purpose of Section 161:
This section empowers police officers to question witnesses or persons related to an investigation.
It allows police to gather information or evidence during the investigation stage of a case.
It is a key investigative power for the police.
2. Key Features:
No warrant required: Police do not need prior judicial permission to call and record statements of witnesses.
Who can be called? Any person believed to have knowledge of facts related to the case.
Documents: Police can also ask for documents or evidence relevant to the investigation.
Recording: The statements must be recorded in writing and signed by the person giving the statement.
However, these statements are generally not recorded on oath.
3. Difference from Section 164 (Recording of confessions):
Statements under Section 161 are part of investigation, not formal evidence.
Statements under Section 164 (CrPC) are recorded by magistrates and often on oath, meant to prevent coercion.
4. Legal Implications:
Statements recorded under Section 161 can be used during the trial to test the credibility of witnesses.
If a witness changes their story in court, the earlier statement under 161 may be used to show contradictions.
However, these statements are generally not substantive evidence by themselves.
5. Rights of the Person Giving Statement:
The person is not under oath but must answer truthfully.
They cannot be compelled to answer self-incriminating questions (Right against self-incrimination, Article 20(3) of the Constitution).
Summary:
Section 161 IPC authorizes police officers to call and record statements of witnesses and obtain documents during an investigation.
It is a crucial step in the fact-finding process before filing charge sheets.
Statements under this section help build the case but are mainly used to test witness credibility, not
RELATED Blog
0 comments