(Section 180 BNSS / Formerly Section 161 CrPC)

1. Attendance of Witnesses (Section 179 BNSS)

The Investigating Officer (I.O.) possesses the legal authority to require the attendance of any person within the limits of their own or any adjoining station who appears to be acquainted with the facts and circumstances of the case.

• Written Order: Attendance must be requested via a written order.
• Exemptions (The “Place of Residence” Rule): The following persons cannot be required to attend an examination at any place other than their residence:
  • Males under the age of 15 years.
  • Males above the age of 60 years (Note: BNSS lowered this from 65).
  • Women (of any age).
  • Mentally or physically disabled persons.
  • Persons with acute illness. Acute Illness is a new addition in the BNSS that wasn’t as clearly codified in the old Section 160 CrPC.

If the exempted persons listed above are willing to attend the police station of their own volition, they may be permitted to do so.

2. Mode of Examination (Section 180 BNSS)

• Oral Examination: The I.O. may examine orally any person supposed to be acquainted with the facts and circumstances of the case.
• Duty of the Witness: The person being examined is bound to answer truly all questions relating to the case, except those which would have a tendency to expose them to a criminal charge, penalty, or forfeiture.
• Record of Statement:

1. The I.O. shall reduce the statement into writing.
2. A separate and true record of the statement of each person must be maintained.
3. Audio-Video Electronic Means: Under BNSS, the I.O. is encouraged/empowered to record statements via audio-video electronic means (Section 180(3)).
4. Statements recorded under Section 180 of the BNSS via audio-video electronic means must be stored securely and authenticated by a certificate pursuant to Section 63 of the Bharatiya Sakshya Adhiniyam (BSA). To ensure judicial admissibility and uphold the principles of a fair trial, the prosecution must maintain an unbreakable chain of custody, ensure high-fidelity recording quality, and implement stringent access controls to prevent tampering.
5. Under the Bharatiya Sakshya Adhiniyam (BSA), 2023, which has replaced the Indian Evidence Act, the certificate required for electronic records is now governed by Section 63(4). Unlike the previous single-signature requirement, the new framework introduces a more robust two-part certification process.
6. If an in-house forensic expert is unavailable, the I.O. may seek certification from a State/Central Forensic Science Laboratory or a notified authority under Section 79A of the IT Act.

 3. Specific Provisions for Sensitive Offences

In cases involving sexual offences (specifically Sections 64 to 71, Sections 74 to 79, and Section 124 of the Bharatiya Nyaya Sanhita – BNS):

• Gender Sensitivity: The statement of the victim shall be recorded by a woman police officer or any woman officer.
• Mandatory Electronic Recording: In these specific cases, recording the statement by audio-video electronic means is prioritized to ensure the integrity of the testimony. It is increasingly viewed by Courts as a mandatory procedural safeguard to prevent the victim from being subjected to multiple traumatizing retellings.

4. Signing and Admissibility (Section 181 BNSS)

• No Signature: Statements recorded under Section 180 BNSS shall not be signed by the person making them.
• Evidentiary Limitation: These statements are not substantive evidence. They are primarily used to contradict a witness in court (under Section 148 of the Bharatiya Sakshya Adhiniyam, 2023) or, with the permission of the Court, to aid the prosecution in re-examination to explain matters referred to in cross-examination.

5. Section 182 BNSS: Prohibition of Inducement

This section prohibits police or authorities from using threats, promises, or inducements (per Section 22 BSA) to extract statements. Conversely, officers must not prevent individuals from making voluntary statements of their own free will, provided they do not override the specific judicial safeguards for confessions under Section 183(4) BNSS.

In simple terms, if someone wants to speak voluntarily, officers can listen and record it. But if that statement amounts to a confession, officers must ensure it complies with Section 183(4), meaning it must be properly recorded before a magistrate to be legally valid.

6. Execution of Examination via Audio-Video Electronic Means

Under Section 180(3) of the BNSS and the overarching enabling provision of Section 530 BNSS, the examination of a person in the USA can absolutely be conducted through audio-video electronic means.

To ensure the statement is legally sustainable and admissible in an Indian court, the Investigating Officer should record the session (ideally using a secure platform like Nyaya-Shruti), verify the witness’s identity via a government-issued ID (like a Passport) shown on camera, and ensure the presence of a “Coordinator” if required by specific High Court rules.

While the Mutual Legal Assistance Treaty (MLAT) remains the formal channel for official summons, the Supreme Court has repeatedly clarified (e.g., State of Maharashtra v. Praful B. Desai) that “presence” includes virtual presence, meaning you can legally record the 180 BNSS statement via a video call without the witness needing to travel to India.

State of Maharashtra v. Praful B. Desai (2003 4 SCC 601) is a landmark Supreme Court judgment that legally recognized video‑conferencing as a valid method for recording evidence in criminal trials, marking India’s first major step toward integrating technology into judicial proceedings.

The I.O. must ensure the time-stamp and GPS metadata are enabled during the recording to prove the location and time of the virtual examination.

7. Case Diary Management

• Selection of Witnesses: While the I.O. may examine numerous people during the investigation, they should reduce to writing the full statements of those who are material to the prosecution’s case.
• Part-I Case Diary (CD): The I.O. must invariably mention the names of all persons examined in the Case Diary, regardless of whether a formal 180 BNSS statement was recorded for them. This ensures transparency and prevents “padding” of the investigation.

8. Quick Reference Comparison Table

 9. Safeguarding the Right against Self-incrimination

I.Os. should always ensure that the constitutional right against self-incrimination (Article 20(3)) is respected during the examination. Statements obtained through coercion or inducement are legally void.

10. Admissibility Checklist

Step	Action	Legal Basis
1	Issue written order for attendance (physical or virtual).	Sec. 179 BNSS
2	Verify identity of witness via Aadhaar/Voter ID/Passport.	Standard Protocol
3	Ensure no signature is taken on the written statement.	Sec. 181 BNSS
4	Generate SHA-256 Hash Value immediately after A/V recording.	Sec. 63 BSA
5	Prepare Part A (I.O.) and Part B (Expert) Certificates.	Sec. 63(4) BSA
6	Document the specific device used (Make/Model/IMEI).	Sec. 63 BSA