Chapter XII
Section 160 CrPC: Police Officer’s power to require attendance of witnesses
New Law Update (2024)
Section 185 BNSS
TRIAL COURT
Punishment
Procedural – Investigation / Inquiry
Cognizable?
Bailable?
Compoundable?
Bare Act 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 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.
Important Sub-Sections Explained
Section 160(1) Proviso
This crucial part protects vulnerable individuals like children (under 15), the elderly (above 65), women, and mentally or physically disabled persons, ensuring they are only questioned at their place of residence to avoid undue hardship and ensure their comfort during police investigation.
Section 160(2)
This sub-section empowers State Governments to formulate rules for police officers to pay reasonable expenses incurred by individuals who are summoned to attend for investigation at a location other than their usual residence, thus compensating them for their time and travel.
Landmark Judgements
Nandini Satpathy v. P.L. Dani (1978):
The Supreme Court clarified the scope of Article 20(3) (right against self-incrimination) in relation to police interrogation under Section 160 CrPC, holding that a person cannot be compelled to answer questions that might incriminate them.
Sanjay Sitaram Pardale v. The State of Maharashtra (2013):
The Bombay High Court reiterated that Section 160 CrPC is intended for summoning witnesses acquainted with the facts of a case, not for compelling the attendance of a person against whom an accusation has been made, for the purpose of eliciting a confession or explanation.