Section 180 BNSS: Echoes Of Section 161 CRPC With A Constitutional Core
- IJLLR Journal
- 6 days ago
- 2 min read
Utkarsh Rai, Jindal Global Law School
Introduction
Section 180 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) closely mirrors the wording of Section 161 of the Code of Criminal Procedure, 1973 (CrPC). The provision authorises a police officer to conduct an oral examination of “any person supposed to be acquainted with the facts and circumstances of the case” and obligates that individual to “answer truly all questions ... except those whose answers could potentially incriminate them or lead to a penalty or forfeiture.” The provision allows for statements to be documented in writing or through audio-video methods as stipulated in Section 180(3). In sensitive cases, such as those involving sexual offences, it mandates that a female officer must record the statements of female victims or accused individuals. Section 180 BNSS serves as a procedural restatement of Section 161 CrPC, maintaining the same obligation to respond while incorporating an exception for self-incrimination. Article 20(3) serves as the constitutional basis for this exception, stating that “no person accused of an offence shall be compelled to be a witness against himself.”
This scheme closely resembles the framework established by the CrPC, 1973. Section 161 of the CrPC, which is replaced by Section 180 BNSS, utilised nearly identical language. Section 161(2) of the CrPC mandates that any individual being interrogated by the police must respond to all enquiries truthfully, except for those questions which would have a tendency to expose him to a criminal charge or to a penalty or forfeitures. Consequently, the BNSS has effectively maintained the provision from the CrPC with minimal alteration. The phrase “any person supposed to be acquainted with the facts” in CrPC 161 has been judicially interpreted to encompass the accused or suspect, rather than being limited to neutral witnesses alone. Section 180 BNSS maintains this methodology, enabling police to interrogate accused individuals during investigations while safeguarding the right against self-incrimination via the same exception clause.
