Can Police Summon You To Police Station To Record Statement? Section 160

Judiciary & legal process of almost every democratic & civil country has a well laid out procedure of recording statements of a witness by law enforcement agencies like police.

Publish date: 20-07-2020

  Importance of Witness Statement

 

Judiciary & legal process of almost every democratic & civil country has a well laid out procedure of recording statements of a witness by law enforcement agencies like police.

In India, the Code of Criminal procedure empowers police to get precise information from witness of any offence, or people related to it.

 

State Empowerment

 

State empowers the police officer u/s 160 Code of Criminal procedures, that you can be summoned by a police officer for attendance before himself, If you are acquainted with facts & circumstances of a case.

  To know in-depth analysis of Facts & Circumstances, visit the topics of ‘Indian Evidence Act’ series.

The provisions u/s 160 Cr PC enables the provisions to police for examining & gathering the facts & knowing the complete circumstances of an offence. With this provision, the police can gather the information and locate the offender(s) related to the offence.

 

 

  Section 39 Cr.PC – Binding Citizen to Provide Evidence

U/S 39 Cr.PC, the Indian legal system binds everyone who is aware of the commission of an offence, has a duty to inform the nearest police station, or Magistrate.   

 

“Why shall I inform any authority?”  “Just Ignore”, “I’m Fearful”.

Are such apprehensions or questions valid to avoid reporting an evidence, or information of an offence?  Even if you are ignoring and not helping law out of sheer ignorance, you are in one way or other becoming a party to crime.

 

The strictly prohibits you to become a party to a crime, by bounding you ( every citizen) under section 39 Cr PC, to inform about any offence or crime to the nearest magistrate, or police station.  The law provides you two options – either to approach the police, or file an application to a magistrate.

 

“What kind of information shall I give to Police or Magistrate”.

You are accountable to provide information to police or magistrate for any of the below mentioned categories of offences :

  • Offences against states,
  • offense against person,
  • offence against public,
  • offence against tranquillity,
  • offence against safety of citizen, 

 

 

 

 

How Law Ensures to Maintain that Sanity of Information Recorded in Statements   

Judicial process provides comprehensive binding by various sections to ensure that citizen comply to provide correct and total information to their best of belief & knowledge to police of magistrate. As the intent is that truth is obtained and the offenders are brought under preview of law & justice, the Sections 174, 179, & 193 IPC are the main references.

 Power of Sections 173,179, 193 IPC in Ensuring Sanity of Information for Judicial Usage & Trails  by implying  punishable sections on citizen acting to defy of disable judicial process of trial, to identify the offenders of a criminal offence

If you deliberately fail to attend before a police officer, making investigation

You can be charged for disobedience u/s 174 IPC

If  you refuse to answer the questions of investigating officer or police officer

You act is punishable u/s 179 IPC

 

 

 

 

 

 What Police Isn’t Allowed to Do if You Are Summoned u/s 160

 Investigating officer cannot order the witness or suspect, under section 160 Cr. PC  to do the following:

  1. Produce any document before him. A separate requisition for producing document shall be sent u/s 91 Cr.PC
  2. Police officer cannot direct a person residing outside India since long,  to be present for interrogation
  3. Police has no authority to secure a bond / security bond from witness or accused persons called u/s 160.
  4. Police officer directing a woman or any person below 15 years of age to come to police station is clear violation of provisions contained in section 160 Cr PC

 

Related Topics


Comment




Comments