Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 195(1)
Code: Section 195(1) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), also known as the Indian Criminal Code, governs the power of police officers to summon witnesses during investigations.
Explanation:
- Power to Summon Witnesses: This section empowers a police officer investigating a case under Section 194 (investigation of non-cognizable offences) to summon two or more persons who are acquainted with the facts of the case.
- Duty to Attend and Answer: Persons summoned under this section are bound to attend the investigation and answer all questions truthfully, except those that might incriminate them or expose them to penalties or forfeitures.
- Exemptions from Attendance:
- Males under 15 years or over 60 years of age.
- Women.
- Mentally or physically disabled persons.
- Persons with acute illness.
These individuals are not required to attend at any place other than their residence, unless they willingly agree to attend the police station or another location within its jurisdiction.
Illustration:
Suppose a police officer is investigating a case of theft of a mobile phone. The officer suspects that a neighbor of the victim might have witnessed the incident. The officer can summon the neighbor to the police station to ask questions about what they saw. However, if the neighbor is a woman, the officer cannot force her to attend the police station. Instead, the officer can go to the neighbor’s residence and ask her questions there.
Common Questions and Answers:
- Q: Can a police officer summon anyone they want?
A: No, the officer can only summon individuals who appear to be acquainted with the facts of the case. - Q: Can a summoned person refuse to answer questions?
A: Yes, they can refuse to answer questions that might incriminate them or expose them to penalties or forfeitures. - Q: What if a summoned person fails to attend the investigation?
A: The police officer may take appropriate action, such as issuing a warrant for their arrest.
