Is it true that during investigation if accused or witness refused to anser any question of IO.He has the power u/s 161,that he can arrest that person??Any pointers in this regard..
Rohail (Student) 16 June 2013
Is it true that during investigation if accused or witness refused to anser any question of IO.He has the power u/s 161,that he can arrest that person??Any pointers in this regard..
Sonia Dhamija (Advocate) 16 June 2013
Under Section 161(2) of Cr.P.C., a person whose statement is being recorded by the police officer during investigation of a case, is required to answer truly all questions relating to such case put to him by such officer, other than questions the answers to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture. And, under Section 179 of IPC, if such a person refuses to answer any question demanded of him, he shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
Therefore, refusal to answer a question under Section 161 Cr.P.C. (except when it can incriminate him, as mentioned above) is actually an offence under Section 179 of IPC. However, this is a non-cognizable offence, which means that the police officer cannot arrest a person for this offence without warrant from the Magistrate, and moreover, the police officer cannot investigate this offence without permission from the Magistrate.
It may also be noted that the police officer is not authorized to obtain signature of the person whose statement is recorded under Section 161 Cr.P.C. (this is courtesy Section 162 of Cr.P.C.).
Rohail (Student) 17 June 2013
Thnx mam for such a detailed answer.
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