BNSS Section 195 — Power to summon persons

CHAPTER XIII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE

Criminal

Summary

A police officer who is investigating a case under section 194 can issue a written order to call two or more people to help with the investigation. Anyone who is called must come and answer all questions truthfully, except for questions that might force them to admit to a crime or penalty. However, boys under 15, men over 60, women, people with mental or physical disabilities, and those with serious illnesses do not have to go anywhere other than their own home to be questioned, unless they choose to go to the police station. If the facts of the case do not point to a serious crime that falls under section 190, the police officer cannot force these people to go to a Magistrate's Court.

Official Text

(1) A police officer proceeding under section 194 may, by order in writing, summon two or more persons as aforesaid for the purpose of the said investigation, and any other person who appears to be acquainted with the facts of the case and every person so summoned shall be bound to attend and to answer truly all questions other than questions the answers to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture:

Provided that no male person under the age of fifteen years or above the age of sixty years or a woman or a mentally or physically disabled person or a person with acute illness shall be required to attend at any place other than the place where such person resides:

Provided further that if such person is willing to attend and answer at the police station, such person may be permitted so to do.

(2) If the facts do not disclose a cognizable offence to which section 190 applies, such persons shall not be required by the police officer to attend a Magistrate's Court.

Related Judgments

  • SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
  • SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
  • SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
  • .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
  • SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
  • SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
  • SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
  • SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)

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