Legal Process of Recording Statements Under Section 161 vs 164 CrPC

Updated: July 15, 2026Published: July 13, 2026

Quick Answer

A statement under Section 180 BNSS (formerly 161 CrPC) is recorded by police during an investigation and cannot be used as direct evidence. A statement or confession under Section 183 BNSS (formerly 164 CrPC) is recorded by a Judicial Magistrate under oath and holds powerful evidentiary value in court.

Table of Contents

Key Takeaways

  • Section 180 BNSS replaces Section 161 CrPC for police statements; they remain unsigned and are used mostly to contradict witnesses later.
  • Section 183 BNSS replaces Section 164 CrPC for statements and confessions recorded by a Magistrate.
  • Confessions made to the police are invalid; they must be made voluntarily before a Magistrate under Section 183 BNSS.
  • The new BNSS heavily emphasizes audio-video recording for statements, especially in crimes against women.

Introduction

Witness testimonies form the backbone of any criminal trial. However, not all statements carry the same legal weight. The law draws a massive distinction between what a witness tells a police officer and what they tell a judge. With the transition from the old Code of Criminal Procedure (CrPC) to the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the provisions governing these statements have been modernized (changing from Sections 161 and 164 to Sections 180 and 183). Understanding this difference is crucial for navigating witness examinations and preparing a criminal defense.

Section 180 BNSS (Formerly Section 161 CrPC): Police Statements

Under Section 180 of the BNSS, an investigating police officer has the power to orally examine anyone who is acquainted with the facts of the case.

  • The Procedure: The police officer asks questions, and the person is legally bound to answer truthfully, except for questions that might incriminate them. The officer writes down the statement.
  • No Signatures: A critical safeguard is that statements made to the police are never signed by the person making them.
  • Evidentiary Value: These statements are not "substantive evidence." You cannot be convicted solely based on what someone told the police. In court, defense lawyers use these statements primarily to point out "contradictions"—showing that the witness is changing their story from what they originally told the investigating officer.
  • New Mandates: The BNSS allows for the audio-video recording of these police statements. For specific crimes against women, the statement must necessarily be recorded by a woman police officer.

Section 183 BNSS (Formerly Section 164 CrPC): Magistrate Statements

Section 183 of the BNSS authorizes a Judicial Magistrate to record statements or confessions made by witnesses or accused persons during the investigation stage, before the trial begins.

  • The Procedure: Unlike police statements, these are recorded inside a courtroom or magistrate's chamber. The Magistrate ensures there is no police presence or coercion.
  • Confessions vs. Statements:
    • Statements are given by witnesses under oath.
    • Confessions are given by the accused admitting their guilt. The Magistrate is legally bound to warn the accused that they are not obliged to confess and that it can be used against them.
  • Signatures Required: Statements and confessions recorded by a Magistrate must be signed by the person making them.
  • Evidentiary Value: These hold immense legal weight. A voluntary confession under Section 183 BNSS can be the sole basis for a conviction. Witness statements recorded here are incredibly hard for the witness to back out of later (turn "hostile") without facing perjury charges.

Time Limits

  • During Investigation: Both Section 180 (police) and Section 183 (Magistrate) statements must be recorded during the course of the police investigation, or at any time afterward, but strictly before the formal inquiry or trial begins.
  • Prompt Recording for Women: For severe offences like sexual assault, the BNSS mandates that the victim's statement must be recorded by the Magistrate as soon as the offence is brought to the notice of the police.

Practical Tips

  • Do Not Sign Police Statements: If a police officer demands you sign a statement written during an interrogation (under Sec 180 BNSS), politely refuse. It is against the law for them to force a signature.
  • Retracting a Confession: If an accused was tortured into making a confession before a Magistrate, their lawyer must file an application to "retract" the confession at the earliest possible opportunity during the trial.
  • Videography: Always request or confirm that statements—especially in sensitive cases—are being recorded via audio-video electronic means, as encouraged by the BNSS, to ensure accuracy and prevent police tampering.

When Should You Consult a Criminal Lawyer?

  • Before a Magistrate Statement: If you are a witness called to give a statement before a Magistrate under Section 183 BNSS, consult a lawyer. Whatever you say under oath is binding, and inconsistencies can lead to perjury charges.
  • To Expose Police Contradictions: During a trial, a skilled defense lawyer is essential to cross-examine prosecution witnesses and expose the differences between their court testimony and their original police statements (Sec 180 BNSS).
  • If Pressured to Confess: If the police are threatening you to confess before a Magistrate, a lawyer can intervene, report the coercion to the judge, and ensure you are remanded to judicial custody (away from the police) to ensure your safety.

Conclusion

The gap between what is said to the police and what is said to a Magistrate is the battleground of most criminal trials. By understanding the protective limits of Section 180 BNSS (formerly 161 CrPC) and the serious implications of Section 183 BNSS (formerly 164 CrPC), witnesses and accused persons can better protect their rights against self-incrimination and forced testimonies.

Frequently Asked Questions

Q: Is a confession made to a police officer valid in court?

A: No. Under Indian evidence law, a confession made to a police officer while in police custody is strictly inadmissible in court and cannot be used to prove guilt. Valid confessions must be made before a Magistrate under Section 183 BNSS.

Q: Can a witness change their statement later during the trial?

A: If a witness changes what they told the police (Sec 180 BNSS), the defense will use it to prove they are unreliable. If they change what they told the Magistrate under oath (Sec 183 BNSS), they are declared 'hostile' and can be prosecuted for perjury (lying under oath).

Q: Do I have to answer all questions asked by the police during investigation?

A: Under Section 180 of the BNSS, you are legally bound to answer questions truthfully. However, you have a constitutional right to remain silent and refuse to answer any specific question if the answer would incriminate you or expose you to a criminal charge.

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