Section 195 of Bharatiya Nagarik Suraksha Sanhita, 2023: Power to summon persons

Bharatiya Nagarik Suraksha Sanhita, 2023 • Official Statutory Text & Practice Guide

Procedural Law
Statutory Mandate
Competent Criminal Court / Court of Session
Formerly Sec 175 CrPC
Statutory Defined Terms in this Section: (Click any term for official legal definition)

Legal Commentary & Landmark Judgments: Section 195

Section 195 empowers a police officer conducting an inquest under Section 194 to summon two or more respectable persons for the purpose of the inquest inquiry, and any other person acquainted with the facts of the case.

  • Summons for Inquest: Officer may summon persons in writing to attend and assist in the inquest.
  • Obligation to Attend & Answer: Every person summoned is bound to attend and answer all questions truly, other than questions that tend to expose them to a criminal charge.
  • Constitutional Immunity: Article 20(3) right against self-incrimination protects the person from being forced to confess during inquest inquiries.
Key Landmark Precedents:
  • Nandini Satpathy v. P.L. Dani (1978) 2 SCC 424: The Supreme Court affirmed that the right to remain silent against self-incriminating questions extends across all police inquiries, including inquest summons under Section 175 CrPC (Section 195 BNSS).
  • Podda Narayana v. State of A.P. (1975) 4 SCC 153: Clarified the evidentiary boundary of witness examinations conducted during inquest proceedings.
Courtroom Practice & Strategic Litigation Guidance:

Remind clients summoned under Section 195 that they are legally bound to state the truth regarding the dead body, but possess a constitutional right of silence regarding questions that attempt to link them to the homicide.