Code:
(1) Any police officer making an investigation under this Chapter may, by order in writing, require the attendance before himself of any person being within the limits of his own or any adjoining station who, from the information given or otherwise, appears to be acquainted with the facts and circumstances of the case; and such person shall attend as so required:
Provided that no male person 1[under the age of fifteen years or above the age of sixty-five years or a woman or a mentally or physically disabled person] shall be required to attend at any place other than the place in which such male person or woman resides.
(2) The State Government may, by rules made in this behalf, provide for the payment by the police officer of the reasonable expenses of every person, attending under sub-section (1) at any place other than his residence.
Explanation:
When investigating a crime, the police may need to gather information from individuals who may have witnessed the incident or have relevant knowledge. Section 160 provides the police with the authority to issue a summons to such individuals, requiring them to appear before the investigating officer and provide their testimony.
Illustration:
Imagine a theft case where a shop owner reports the incident. The police may summon the following individuals:
- Witnesses: People who saw the theft or who may have seen the thief leaving the scene.
- Potential Suspects: Individuals who might have been in the vicinity at the time of the theft and may have information relevant to the investigation.
Common Questions and Answers:
Q: Is a person legally obligated to appear before the police when summoned under Section 160?
A: Yes, individuals summoned under Section 160 are legally bound to appear before the investigating officer. Failure to do so without a valid reason can result in legal consequences, including arrest.
Q: What are some valid reasons for refusing to appear before the police?
A: Some valid reasons include:
Serious illness or injury.
Being out of the country.
Reasonable fear of being harmed by the accused
Q: Can a person refuse to answer questions asked by the police?
A: While a person is obliged to appear before the police, they have the right to remain silent and do not have to answer questions that might incriminate them. However, they must cooperate with the investigation in other ways, such as providing their name and address.
