Right of witness under 161 crpc

Sir,

I am not able to ascertain as to what your query is but i would give you an idea about section 161(crpc) and can the CBI use your statement without your knowledge under this particular section.

According to Section 161(1) any person supposed to be acquainted with the facts and circumstances of the case can be orally examined:

(a) by a police officer making an investigation of the case:or

(b) on the requisition of such officer ,by any police officer not below such rank as State Government may by orders prescribed in this behalf.

The expression "any person" under section 161(1) may include any person who may be accused of the crime subsequently,or a person who may be acquainted with the facts and the circumstances because police suspects him to have commited the crime.

However when a person is being examined by a police officer under 161 he may answer all the questions truly but has the right to remain silent of questions he thinks might incriminate him.(161)(2).Article 20(3) of constitution clearly provides as a fundamental principal that no person shall be compelled to be a witness against himself

Section 161(3) : The police officer may reduce into writing anty statement made to him in the course of an examination under this section;and if he does so he shall make a sperate or true record of the statement of each such persons whose statement is recorded.

The above provision does not require a police officer to sign it as that might lead to abuse of power by the police. The statement may not only include oral or written but also signs and gestures.

Going by the facts provided they have the authority to record your statement however you have the right to remain silent even during judicial custody.However you only joined the company an year back and it would be very difficult for CBI to prove any involvment of you .

Hope this helps.

Sarthak Nayar