Which section of the Criminal Procedure Code, 1973 states that a person cannot be bound to answer the questions which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture ?
Section 161 (2)
Section 161 (2) option is correct.
Section 161 CrPC governs examination of witnesses by the police during investigation. Sub-section (1) empowers the officer to orally examine any person acquainted with the facts. Sub-section (2) then carves out the protection: "Such person shall be bound 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."
This statutory guarantee mirrors the constitutional right against self-incrimination in Article 20(3). Section 161(1) merely authorises the examination; Section 171 concerns witnesses' expenses and Section 172(1) concerns the case diary — neither creates the self-incrimination privilege.
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