Section 179 BNSS: Police officer's power to require attendance of witnesses (Formerly Section 160 CrPC)

Section 179 of Bharatiya Nagarik Suraksha Sanhita, 2023: Police officer's power to require attendance of witnesses

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(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 at the 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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Investigation Sec 2(1)(h)

Legal Commentary & Landmark Judgments: Section 179

Section 179 of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers police officers to summon witnesses acquainted with the facts of the case during criminal investigation.

Core Legal Standard: Section 179 authorizes any investigating police officer to require the attendance before themselves of any person being within the limits of their own or any adjoining station who appears to be acquainted with the facts and circumstances of the case.
Operational Mechanism: However, the proviso creates mandatory statutory exemptions: no male person under the age of fifteen years or above the age of sixty years, no woman, no person with disability, and no person with serious illness shall be required to attend at any place other than their place of residence.

Key Landmark Precedents:

Nandini Satpathy v. P.L. Dani (1978) 2 SCC 424: The Supreme Court settled that the protection against self-incrimination under Article 20(3) extends to witnesses and suspects summoned under Section 160 CrPC (Sec 179 BNSS); summoned persons have a constitutional right to remain silent to self-incriminating queries.
State of Maharashtra v. Damu (2000) 6 SCC 269: Held that summoning vulnerable persons (women, minors, elderly) to the police station in violation of the statutory proviso is unlawful and exposes the officer to disciplinary and judicial censure.

Legal Commentary:

Section 179 balances police inquiry needs with civil protection. Defense practitioners must ensure that female, minor, or elderly clients are interrogated solely at their residence and that summoned witnesses are protected against custodial coercion.