CrPC Section 160 — Police officer’s power to require attendance of witnesses

CHAPTER XII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE

General

Summary

Sub-section (1) allows a police officer investigating a case under this Chapter to issue a written order requiring a person to attend before the officer if the person is within the officer’s police-station area or an adjoining station’s area and appears, from information received or otherwise, to know about the case’s facts and circumstances. The person must attend as required. A male person under 15 or over 65, a woman, or a person with a mental or physical disability cannot be required to attend anywhere other than the place where that person resides.

Sub-section (2) allows the State Government to make rules requiring a police officer to pay the reasonable expenses of a person who attends under sub-section (1) somewhere other than that person’s residence.

Official Text

(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 2[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.

Related Judgments

  • Siddharth Aggarwal, Sr. Adv., Mr.; Angad Mehta, Mr. Rupin Bahal, Mr.; vs DIRECTORATE OF ENFORCEMENT — Delhi High Court (2022)
  • ILLIAS vs COLLECTOR OF CUSTOMS, MADRAS — Supreme Court of India (1968)
  • STATE OF U.P. vs DURGA PRASAD — Supreme Court of India (1974)
  • RAJA RAM JAISWAL vs STATE OF BIHAR — Supreme Court of India (1963)

Old <-> New Code Mapping

  • BNSS §179 — Police officer's power to require attendance of witnesses