Section 179: Police Officer’S Power To Require Attendance Of Witnesses
Code:
Section 179 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) deals with the power of a police officer to summon a person for inquiry during an investigation. Here is what Police Officer’S Power To Require Attendance Of Witnesses deals with:
- Requirement for Attendance:
- Any police officer conducting an investigation under this Chapter may issue a written order requiring the attendance of any person within the limits of his station or any adjoining station, who, based on information or otherwise, appears to be familiar with the facts and circumstances of the case.
- Such a person shall be obligated to attend as per the order.
Provisos:
- No male person under the age of 15 or above 60 years, no woman, or any mentally or physically disabled person or a person with acute illness shall be required to attend at any place other than their residence.
- However, if such person voluntarily agrees to attend the police station or any other place within the limits of the police station, they may be permitted to do so.
- Payment of Expenses:
- The State Government, through rules, may provide for the payment of reasonable expenses by the police officer to persons attending under sub-section (1) at any place other than their residence.
Explanation:
This section empowers a police officer conducting an investigation to summon a person residing within the limits of their own or an adjoining police station. The summoning can be done if the officer believes that the person has knowledge about the case. The summoned person is legally obligated to appear before the officer.
However, the section provides several exceptions:
- Age Restriction: No male person under 15 years or over 60 years, woman, mentally or physically disabled person, or person with acute illness can be summoned to attend at any place other than their residence.
- Willingness to Attend: If the person is willing to attend the police station or another location within the police station’s jurisdiction, they can be permitted to do so.
The State Government is authorized to make rules regarding the payment of reasonable expenses for those summoned to attend at a place other than their residence.
Illustration:
Imagine a theft case is being investigated. The police officer suspects a neighbor, Mr. X, might have seen something relevant. The officer can summon Mr. X to the police station to inquire about the incident. However, if Mr. X is above 60 years old, he cannot be compelled to leave his residence for the inquiry.
Common Questions & Answers: Police Officer’S Power To Require Attendance Of Witnesses
Q: Can a police officer summon me even if I am not directly involved in the case?
A: Yes, if the officer believes you have information relevant to the case, they can summon you.
Q: What happens if I refuse to attend the summons?
A: You may face legal consequences, including arrest for disobeying a lawful order.
Q: Can I be forced to give a statement to the police?
A: You have the right to remain silent and do not have to answer any questions that might incriminate you.
Q: Can I be detained for more than 24 hours without being formally arrested?
A: No, under BNSS, you cannot be detained for more than 24 hours without formal arrest.
