Official criminal procedure provision under the Bharatiya Nagarik Suraksha Sanhita, 2023.
Official Statutory Wording (100% Legally Correct)
(1) No statement made by any person to a police officer in the course of an investigation under this Chapter, shall, if reduced to writing, be signed by the person making it; nor shall any such statement or any record thereof, whether in a police diary or otherwise, or any part of such statement or record, be used for any purpose, save as hereinafter provided, at any inquiry or trial in respect of any offence under investigation at the time when such statement was made: Provided that when any witness is called for the prosecution in such inquiry or trial whose statement has been reduced into writing as aforesaid, any part of his statement, if duly proved, may be used by the accused, and with the permission of the Court, by the prosecution, to contradict such witness in the manner provided by section 148 of the Bharatiya Sakshya Adhiniyam, 2023; and when any part of such statement is so used, any part thereof may also be used in the re-examination of such witness, but for the purpose only of explaining any matter referred to in his cross-examination. (2) Nothing in this section shall be deemed to apply to any statement falling within the provisions of clause (a) of section 26 of the Bharatiya Sakshya Adhiniyam, 2023; or to affect the provisions of the proviso to sub-section (2) of section 23 of that Adhiniyam. Explanation.βAn omission to state a fact or circumstance in the statement referred to in sub-section (1) may amount to contradiction if the same appears to be significant and otherwise relevant having regard to the context in which such omission occurs and whether any omission amounts to a contradiction in the particular context shall be a question of fact.
Simplified Legal Summary
This section details the statutory rules, frameworks, and procedures under Section 181 of the BNSS.
Legal Compliance Notice
This content is compiled from the official Gazette of India publication. For active legal actions, petitions, or filings, citizens are advised to cross-reference this clause with their legal advocate under the corresponding Sections of the BNSS 2023.
Frequently Asked Questions (FAQs)
Q: What does BNSS Section 181 cover?
A: Section 181 of the BNSS 2023 deals with: "Section 181 of the Act". It is part of India's updated criminal procedure law that replaced the old CrPC 1973, effective July 1, 2024.
Q: Which old CrPC section does BNSS Section 181 replace?
A: BNSS Section 181 ("Section 181 of the Act") is part of the BNSS 2023 which replaced the entire CrPC 1973. Many sections were renumbered β use the Law Decoder for exact cross-references.
Q: Does BNSS Section 181 apply across all Indian states?
A: Yes. BNSS 2023 applies to the whole of India except Nagaland and specified tribal areas (per Section 1 BNSS). Section 181 ("Section 181 of the Act") follows this national applicability.
Q: When did BNSS Section 181 come into effect?
A: The BNSS 2023 β including Section 181 ("Section 181 of the Act") β came into effect on July 1, 2024, by Central Government notification in the Official Gazette.