BNSS Section 191
Code: Bharatiya Nagarik Suraksha Sanhita (BNSS), Section 191
Explanation:
This section of the BNSS deals with the protection of complainants and witnesses during their journey to court. It outlines the following provisions:
- No Compulsion to Accompany Police: A complainant or witness is not obligated to accompany a police officer to court.
- Protection from Unnecessary Restraint: Complainants and witnesses are shielded from unnecessary restraints or inconveniences during their travel to court.
- No Security for Appearance: They are not required to provide any security for their appearance in court, other than their own bond.
- Exceptions:
- Refusal to Attend: If a complainant or witness refuses to attend court or execute a bond as directed under Section 190, the police station officer can send them to the Magistrate under custody.
- Detention: The Magistrate can detain the person until they execute the bond or until the case hearing is completed.
Illustration:
Imagine a witness is summoned to court in a theft case. The police officer requests the witness to accompany them to court. However, the witness, feeling uncomfortable, expresses a desire to travel independently. Under Section 191, the police officer cannot force the witness to accompany them and must respect their choice.
Common Questions and Answers:
- Q: Can the police detain a witness without any reason?
- A: No, the police cannot detain a witness without a valid reason, such as refusal to attend court or execute a bond.
- Q: Can a witness be forced to pay any security for their appearance?
- A: No, a witness is only required to provide their own bond as security for their appearance.
- Q: What happens if a witness refuses to attend court?
- A: If a witness refuses to attend court, the police officer can forward them to the Magistrate in custody.
