161. Examination of witnesses by police.__ (1) Any policeofficer making an investigation under this
Chapter 1[or any policeofficer not below such rank as the 2[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 case3 [:]
3[Provided that a statement of a woman against whom an offence under section 336B, section 354,
section 354A, 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.
4[(3) The policeofficer 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.]
5[161A. Legal representation of victim of rape, etc.__ (1) Where an offence under section 354A,
section 376, section 377 or section 377B of the Pakistan Penal Code, 1860 (Act XLV of 1860) has been
committed or attempted to be committed, the police officer after recording the information under section
154 shall inform the victim, against whom such offences have been committed or attempted to be
committed, of his right to legal representation.__
(2) If the victim under subsection (1) requires free legal aid the police officer shall provide him the list
of lawyers maintained by the Provincial Bar Councils for this purpose.].
162. Statements to police not to be signed; use of such statements in evidence.__6[(1) No statement
made by any person to a policeofficer in the course of an investigation under this Chapter shall, if reduced
into writing, be signed by the person making it; nor shall any such statement or any record thereof, whether
in a policediary 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, the Court shall on the request of the accused, refer to such
writing and direct that the accused be furnished with a copy thereof, in order that any part of such
statement, if duly proved, may be used to contradict such witness in the manner provided by section 145 of
the Evidence Act, 1872 (I of 1872).
1 Ins. by the Act, 18 of 1923.
2 Subs, by A.O., 1937, for “L.G.”.
3 Added by Act XLIV of 2016,s.9.
4 Subsection (3) added by the Code of Criminal Procedure (Amdt.) Act, 1945, s. 2.
5 Ins. by Act XLIV of 2016,s.10.
6 Subs. by the Code of Criminal Procedure (Amdt.) Act, 1923 (18 of 1923), s. 34, for the original subsection (1).
Page 80 of 319