Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 179: Police Officer's Power to Require Attendance of Witnesses
(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 years or a woman or a mentally or physically disabled person or a person with acute illness shall be required to attend at any place other than the place in which such person resides:
- Provided further that if such person is willing to attend the police station or at any other place within the limits of such police station, such person may be permitted so to do.
(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.
Brief Detail
This section of the Bharatiya Nagarik Suraksha Sanhita, 2023 outlines the powers of police officers regarding the attendance of witnesses during investigations. It specifies the conditions under which a police officer may require a witness to attend and includes provisions to protect certain vulnerable groups from being compelled to attend away from their residences. Additionally, it allows for the reimbursement of reasonable expenses incurred by witnesses who attend elsewhere.
Question & Answers
Q1: What authority does a police officer have under Section 179?
A1: A police officer can require the attendance of any person who is acquainted with the facts of a case, through a written order.
Q2: Are there any exceptions for who can be required to attend?
A2: Yes, no male under 15 years or over 60 years, women, mentally or physically disabled persons, or persons with acute illness can be required to attend anywhere other than their residence.
Q3: Can a person attend a police station voluntarily?
A3: Yes, if a person is willing, they may attend the police station or another location within the police station's limits.
Q4: Does the State Government provide any compensation for witnesses?
A4: Yes, the State Government may create rules to cover reasonable expenses for witnesses attending outside their residence.
Example
- A police officer is investigating a theft and identifies a neighbor who witnessed the incident. They can issue a written order for the neighbor to attend the police station to provide their statement.
- A 14-year-old boy is called as a witness. The police officer must ensure he attends only at home or another safe location, as he is under the age limit.
- A woman with a disability is required to attend for questioning. The police must arrange for her to attend at her residence instead of the police station.
Summary
Section 179 of the Bharatiya Nagarik Suraksha Sanhita, 2023 grants police officers the authority to summon witnesses for investigations while providing protections for vulnerable individuals. It establishes guidelines for attendance, ensuring that certain groups are not compelled to attend locations other than their homes, and allows for the reimbursement of expenses related to attendance.
