Examination of Witnesses & Recording of Statements (Ss. 160–164)
- Section 160: A police officer is empowered to require attendance of a witness.
- Section 161: During examination, a witness is bound to answer all questions except incriminating ones.
- Evidentiary value of S. 161 statements: Not substantive evidence; deemed corroborative in nature and cannot be cross-examined.
- Section 161-A: Police officer shall inform victims of offences under Section 376 and Section 377-B about legal representation (all of these).
- Section 164: Provides the procedure for recording a statement before a Magistrate of the first class or a specially empowered second-class Magistrate (Both), in the presence of the accused.
- Section 164(1-A): Any such statement may be recorded in the presence of the accused, who is given an opportunity of cross-examination of the witness making the statement.
- Confession under Section 164 recorded on oath: In-admissible in the eye of law.
- DNA samples shall be collected from a rape victim with her consent.