CrPC Section 175 — Power to summon persons

Summary

Sub-section (1) allows a police officer carrying out an investigation under section 174 to issue a written order summoning two or more persons referred to in that section, as well as anyone who appears to know the facts of the case. Each person summoned must attend and answer questions truthfully, except questions whose answers could tend to expose that person to a criminal charge, penalty or forfeiture.

Sub-section (2) says that if the facts do not disclose a cognizable offence to which section 170 applies, the police officer cannot require those persons to attend a Magistrate’s Court.

Official Text

(1) A police officer proceeding under section 174 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.

(2) If the facts do not disclose a cognizable offence to which section 170 applies, such persons shall not be required by the police officer to attend a Magistrate’s Court.

Sections referred to

• CrPC §170 — Cases to be sent to Magistrate, when evidence is sufficient
• CrPC §174 — Police to enquire and report on suicide, etc

Referred to by

• CrPC §345 — Procedure in certain cases of contempt

Old <-> New Code Mapping

• BNSS §195 — Power to summon persons