Bharatiya Nagarik Suraksha Sanhita, 2023

Section 181 BNSS - Statements to Police and Use Thereof

Section 181 of the Bharatiya Nagarik Suraksha Sanhita, 2023 regulates the use of statements made to police during an investigation. It generally prevents a written police statement from being signed by the maker or used as substantive evidence at the inquiry or trial, subject to the specific uses and exceptions stated in the section.

Updated: 11 September 2026

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Meaning and scope of Section 181 BNSS

Section 181 applies to a statement made by a person to a police officer in the course of an investigation under the relevant BNSS chapter. If the statement is reduced to writing, the person making it is not to sign it. The provision also restricts the use of that statement, or any record of it, at an inquiry or trial concerning the offence that was under investigation when the statement was made.

The section nevertheless permits a previous police statement to be used in the manner expressly provided for contradiction of a prosecution witness. It also preserves the evidentiary rules identified in the section itself, including the rules relating to certain statements by persons who cannot be called as witnesses and information leading to discovery.

Text of Section 181 BNSS

181. Statements to police and use thereof.

(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. An 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.

Key legal effect of Section 181

Rule Effect
Written police statement is not to be signed A person whose statement is reduced to writing during investigation is not required to sign that statement under Section 181(1).
General restriction on use The statement or record is not ordinarily usable for a purpose at the inquiry or trial except as permitted by Section 181 and other preserved evidentiary rules.
Use for contradiction A duly proved part may be used by the accused, and with the Court's permission by the prosecution, to contradict a prosecution witness in accordance with Section 148 BSA.
Limited re-examination Where a part has been used for contradiction, another part may be used in re-examination only to explain a matter referred to in cross-examination.
Significant omission An omission may amount to a contradiction when it is significant and relevant in its context. Whether it does so is a question of fact.

Contradiction of a witness under Section 148 BSA

The proviso to Section 181(1) expressly refers to Section 148 of the Bharatiya Sakshya Adhiniyam, 2023. Section 148 concerns cross-examination about previous statements in writing. If a party intends to contradict a witness by the prior writing, the witness's attention must first be drawn to the specific parts intended to be used for contradiction.

Practical point: A police statement covered by Section 181 is generally not treated as proof of the facts stated merely because it was recorded during investigation. Its principal trial use under the proviso is the controlled use of relevant portions for contradiction, subject to proof and the procedure required by the BSA.

Exceptions preserved by Section 181(2)

1. Section 26(a) of the Bharatiya Sakshya Adhiniyam, 2023

Section 181 does not apply to a statement falling within clause (a) of Section 26 BSA. That provision concerns a statement made by a person about the cause of that person's death, or circumstances of the transaction resulting in death, when the cause of death comes into question.

2. Proviso to Section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023

Section 181 also does not affect the proviso to Section 23(2) BSA. That proviso allows proof of so much of information received from an accused person in police custody as relates distinctly to a fact discovered in consequence of that information.

When can an omission amount to a contradiction?

The Explanation to Section 181 recognizes that silence about a fact or circumstance in the earlier police statement can, in an appropriate case, operate as a contradiction. This does not happen automatically. The omission must appear significant and relevant when considered in its context, and whether the omission is a contradiction in the particular case is a question of fact.

Official legal resources

The BNSS came into force on 1 July 2024, subject to the exception stated in the commencement notification regarding the First Schedule entry relating to Section 106(2) of the Bharatiya Nyaya Sanhita, 2023.