THE CODE OF CRIMINAL PROCEDURE, 1898
(V OF 1898)
[22nd March, 1898]
An Act to consolidate and amend the law
relating to the Criminal Procedure
161. Examination of witnesses by
police. (1) Any
Police-officer making an investigation under this Chapter or any police-officer
not below such rank as the Provincial Government may, by general or special
order, prescribe in this behalf, acting on the requisition of such officer may
examine orally any person supposed to be acquainted with the facts and
circumstances of the case [1][:]
[2][Provided that a
statement of a woman against whom an offence under Section 336-B, Section 354,
Section 354-A, Section 376 or Section 509 of the Pakistan Penal Code, 1860 (Act
XLV of 1860) is alleged to have been committed or attempted, shall be recorded
by an investigating officer in presence of a female police officer or a female
family member or other person of her choice.]
(2) Such person shall be bound
to answer 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.
(3) The police-officer may
reduce into writing any statement made to him in the course of an examination
under this section, and if he does so he shall make a separate record of the
statement of each such person whose statement he records.