Section 180 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 180 of the **Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023** pertains to the **examination of witnesses by police officers** during the course of an investigation. Here's a detailed overview:(
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### 🕵️♂️ Section 180: Examination of Witnesses by Police
#### 1. **Authority to Examine Witnesses**
* Any police officer conducting an investigation under this chapter, or any police officer of a rank specified by the State Government, may orally examine any person believed to be acquainted with the facts and circumstances of the case
#### 2. **Obligation to Answer**
* The person being examined is obligated to answer truthfully all questions relating to the case, except for questions that might expose them to a criminal charge, penalty, or forfeiture. ([apnilaw.com][2])
#### 3. **Recording of Statements**
* The police officer may reduce into writing any statement made during the examination. If recorded, a separate and true record must be made of each person's statement.
* Statements may also be recorded using audio-video electronic means.
* In cases involving offenses against women under specified sections of the **Bharatiya Nyaya Sanhita, 2023**, the statement must be recorded by a woman police officer or any woman officer.
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### ⚖️ Legal Context and Comparison
* Section 180 BNSS aligns with **Section 161 of the Indian Penal Code (IPC)**, which allows police officers to examine witnesses during an investigation.
* The provision ensures that statements made by witnesses are recorded accurately and can be used in legal proceedings, subject to the rules of evidence.
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### 🔍 Practical Implications
* **Witnesses**: Individuals questioned by the police are required to answer truthfully, with exceptions to protect against self-incrimination.
* **Police Officers**: Must ensure that statements are recorded accurately and, in sensitive cases, by appropriate personnel (e.g., a woman officer for cases involving offenses against women).
* **Legal Proceedings**: Recorded statements can be used in court, subject to legal standards and protections.
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