CrPC Section 171 — Complainant and witnesses not to be required to accompany police officer and not to be subjected to restraint

Summary

A complainant or witness travelling to a Court cannot be required to go with a police officer, be subjected to unnecessary restraint or inconvenience, or provide security for appearing in Court beyond giving their own bond.

Under the proviso, if a complainant or witness refuses to attend or to execute a bond as directed in section 170, the police station officer in charge may send that person in custody to the Magistrate. The Magistrate may keep the person in custody until they execute the bond or until the case hearing is completed.

Official Text

No complainant or witness on his way to any Court shall be required to accompany a police officer, or shall be subjected to unnecessary restraint or inconvenience, or required to give any security for his appearance other than his own bond:

Provided that, if any complainant or witness refuses to attend or to execute a bond as directed in section 170, the officer in charge of the police station may forward him in custody to the Magistrate, who may detain him in custody until he executes such bond, or until the hearing of the case is completed.

Sections referred to

• CrPC §170 — Cases to be sent to Magistrate, when evidence is sufficient

Old <-> New Code Mapping

• BNSS §191 — Complainant and witnesses not to be required to accompany police officer and not to be subject to restraint