Section 175 CrPC: Power to summon persons

Chapter XII

duty to answer, duty to attend, inquest proceedings, investigation, Magistrate's Court, police power, self-incrimination protection, summoning witnesses, witness attendance

New Law Update (2024)

Section 190 BNSS

TRIAL COURT

Punishment

Procedural – Investigation / Inquiry

Cognizable?

Bailable?

Compoundable?

Bare Act 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 have a tendency to expose him to a criminal charge or to a 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.

Important Sub-Sections Explained

Section 175(1)

This sub-section empowers a police officer conducting an inquest under Section 174 to summon individuals who are familiar with the case facts. It mandates their attendance and truthful answers to all questions, except those that could lead to self-incrimination or forfeiture.

Section 175(2)

This crucial sub-section limits the police power, stipulating that if the inquest facts do not reveal a cognizable offence requiring a police report under Section 170, the summoned persons cannot be compelled to attend a Magistrate’s Court.

Landmark Judgements

Shaik Subhan v. State of Andhra Pradesh, 1988 Cr.L.J. 44 (AP):

This case reiterated that statements recorded under Section 175 of the CrPC are not admissible as substantive evidence in court, drawing parallels with statements made under Section 161 of the CrPC. The purpose of summoning persons under Section 175 is to assist the police in an inquest, not to gather evidence for prosecution.

Ponnuswamy v. State, 1991 Cr.L.J. 2378 (Mad):

The Madras High Court clarified that the scope of an investigation under Section 174, and consequently the summoning of persons under Section 175, is limited to ascertaining the apparent cause of death and identifying unnatural circumstances. It is not intended to determine the guilt of any person, and thus, statements recorded under this section do not have the status of evidence for conviction.

Chapter XII