Statements to the Police (Section 161 Statements) Under the BNSS (Section 180): CrPC 161 Mapping (2026)

Explainer · New Criminal Laws · BNSS

Updated for 2026 · Claw Editorial

During an investigation the police talk to witnesses and record what they say. These statements shape the case long before a trial begins. The old worry was that an officer could write down a version the witness never gave, or shade it to fit the charge. The reform tries to fix that with a camera. The provision is Section 180 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which replaced Section 161 of the Code of Criminal Procedure (CrPC) from 1 July 2024. This explainer explains what the statement is, how it maps to the old law, the new recording option, and how such statements can be used. Last verified October 2026.

01Why these statements matter

What a witness tells the police is the raw material of a case. It guides the investigation, feeds the charge-sheet, and is used later to test the witness in court. If that record is loose, the whole case can tilt.

Two long standing concerns sit behind this section:

• A statement might be written to match the FIR, rather than the witness’s own words.
• A vulnerable witness might be pressed, especially in a sensitive case.

The BNSS version keeps the old structure but adds tools, mainly recording, to answer the first concern, and keeps protections for the second.

02What Section 180 BNSS is

Section 180 of the BNSS is the power of the police to examine witnesses and record their statements during an investigation. An investigating officer may orally examine any person supposed to know the facts of the case. The person is bound to answer truly, but need not answer questions that would expose them to a criminal charge, penalty or forfeiture. The officer may reduce the statement into writing, and may now also record it by audio-video electronic means.

This is a procedure provision. Section 180 does not create an offence and carries no punishment of its own. It governs how statements are taken, while their use as evidence is controlled by the next section and the law of evidence.

03Old to new: CrPC 161 becomes BNSS 180

The provision corresponds directly to the old CrPC 161, and the connected rule on the use of such statements has moved with it.

For the related step where a statement is recorded by a Magistrate, see statement to a Magistrate under Section 183 BNSS. For the charge-sheet that follows the investigation, see the charge-sheet under Section 193 BNSS.

04The new audio-video recording option

This is the real change. The old Section 161 had no option to record a statement on audio-video. The BNSS adds one, through a proviso that lets the officer record the statement by audio-video electronic means.

Two points matter in practice:

• It is an option, not a duty. The officer decides whether to record on audio-video. A connected rule under the BNSS Rules, 2024, and tools such as an evidence recording app support this method.
• Courts are pushing for more use of it. In a 2026 matter the Allahabad High Court noted that an officer had not made an audio-video recording, directed that statements should preferably be recorded through the official app and be available to the court on demand, and asked the State police chief to consider making such recording mandatory. The reasoning was that a recording protects the officer against the claim of copying the FIR, and helps the court on bail.

These directions are from one High Court and bind within its jurisdiction, so check your state’s circulars and the latest rulings.

05Protections for witnesses

The section keeps and adds safeguards for vulnerable witnesses.

• Women in certain offences. A statement of a woman against whom an offence of a sexual nature is alleged, or who is a complainant in such a matter, is to be recorded by a woman police officer.
• Own words. Courts have stressed that the statement should be in the language and version of the witness. In one ruling the Allahabad High Court criticised an officer for suggesting leading, inculpatory questions while recording.

These protections aim to keep the record honest and to reduce pressure on the witness.

06How a Section 180 statement can be used

A statement to the police is not substantive evidence on its own. Its use is tightly controlled, as it was under the old law.

Under Section 181 BNSS (the old Section 162), a statement recorded under Section 180 is generally not signed by the witness and cannot be used for any purpose at trial, except to contradict the witness in the manner the law allows, and, by the defence with the court’s permission, to that limited extent. So the statement is mainly a tool to test consistency, not proof of the facts it contains. For how a statement to a Magistrate differs, see Section 183 BNSS, and for the treatment of a hostile witness, see hostile witness under Section 157 BSA. For a confession made to the police, which is separately dealt with, see Section 23 BSA.

07Where Claw fits

Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.

Whether a Section 180 statement was properly recorded, and how far it can be used to contradict a witness, turns on a long line of case law, and the first task is to find it. That is where Claw helps. You can search more than 30 crore judgments, reaching Supreme Court rulings from 1950 and High Court rulings from 1990, to see how courts have read Section 180 of the BNSS and the old Section 161 of the CrPC, with results in under 5 seconds. You can also keep a matter where such a statement is in issue in view, following its orders and hearing dates by party or advocate name across the 9,102 courts, benches and forums Claw tracks. Claw does not use customer case documents to train AI models.

Open a free Claw account to search and follow these matters by party or advocate name. To follow a matter across courts, see how to track criminal case hearings and the case search hub.

08Sources and further reading

• India Code (official text of the BNSS, 2023): indiacode.nic.in
• Ministry of Home Affairs (new criminal laws): mha.gov.in
• Claw: clawlaw.in

This explainer is general information, not legal advice. Read the current text of Section 180 and the connected sections, and take advice from counsel before relying on it.

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