Under Section 180 (1) BNSS (Bharatiya Nagarik Suraksha Sanhita), during an investigation of a case, any police officer or, upon their request, any police officer of a rank specified by the State Government through a general or special order, may orally examine an individual believed to have knowledge of the case's facts and details.

The Investigation Officer can issue a notice to a witness under Section 179 BNSS, requiring them to attend the police station for the purpose of recording a witness statement. The State Government, through rules specifically established for this purpose, can mandate that police officers cover the reasonable expenses incurred by individuals summoned under subsection (1) to attend at locations other than their residences, according to sub-section (1) of Section 179 BNSS. Individuals not required to appear at a designated location other than their residence include males under 15 or over 60 years of age, women, and persons with mental or physical disabilities or acute illnesses. However, if an individual from these exempted categories wishes to attend at a police station, they may be permitted to do so.

Under Section 180 (2) BNSS, any such person is required to provide truthful answers to all questions relating to the case presented to them by the officer, except for questions whose responses could potentially result in criminal charges, penalties, or forfeitures.

Under Section 180 (3) BNSS, a police officer may record any statement made during an investigation under this section in writing. In the event of recording a statement, the officer must prepare a separate and accurate record for each person whose statement is recorded.

Section 180(3) BNSS also allows for witness statements to be recorded using audio-video electronic means. However, it's important to note that the legislature has used precatory language rather than mandatory language, indicating that the use of electronic means for recording statements remains discretionary and subject to the discretion of the police officer conducting the investigation.

Statements recorded under Section 180 BNSS are not admissible in Court.

In cases where a woman is alleged to be the victim of an offence under any of the following sections of the Bharatiya Nyaya Sanhita, 2023:

• Section 64: Punishment for Rape
• Section 65: Punishment for rape on a woman under 16 years of age or under 12 years of age
• Section 66: Punishment for inducing death or causing an individual to remain in a state of permanent unconsciousness (persistent vegetative state)
• Section 67: Punishment for sexual intercourse by husband upon his wife during separation
• Section 68: Punishment for sexual intercourse by person in authority
• Section 69: Punishment for inducing sexual intercourse through deceptive means (includes inducement for, or false promise of employment or promotion or by promising marriage without genuine intent or by suppressing identity)
• Section 70: Punishment for Gang Rape
• Section 71: Punishment for Repeat Offenders
• Section 74: Punishment for assault or use criminal force against a woman with the deliberate intention of outraging her modesty
• Section 75: Punishment for Sexual Harassment
• Section 76: Assaulting or using force against a woman with the intent to remove her clothing
• Section 77: Punishment for Voyeurism - Secretly observing a person for sexual gratification without their consent
• Section 78: Punishment for Stalking - Repeatedly harassing or following a person, causing them to fear for their safety
• Section 79: Punishment for using words, gestures, or actions intended to humiliate or offend a woman's sense of decency
• Section 124: Punishment for voluntarily causing grievous hurt to a person by using acid or other corrosive substances

The statement of such a victim woman as mentioned in the above noted sections shall be recorded exclusively by a female police officer or any other female officer. This requirement aims to create a safe and supportive environment for the victim, to encourage her to report the offence, and to ensure that her statement is recorded with sensitivity and respect.

Written By: Md.Imran Wahab, IPS, IGP, Provisioning, West Bengal
Email: [email protected], Ph no: 9836576565