Response
If police believe a person is related to any facts or circumstances in a case, they can call them.
The officer in charge of the inquiry has the authority to demand that witnesses appear.
The witnesses must be people who are familiar with the case’s facts and circumstances.
The authority was granted under Section 160 of the Code of criminal procedure.
Section 160 of the Code of criminal procedure expressly states that no boy under the age of fifteen or a woman shall be summoned to appear at a location other than where she resides.
Noncompliance with a summons issued under Section 160 of the Code of criminal procedure is punished under Section 174.
If a person fails to appear when issued with a summons, they may face simple imprisonment for up to one month or a fine of up to INR 500, or both.
The clause simply needs the witnesses’ presence and the provision of pertinent information about them.
The police officer is unable to compel witnesses to produce documents in front of him.
The order requiring a person’s attendance must be in writing.
Hence, if there is no document in writing asking for your attendance you can not go to the police station.
Reference: Section 160 in The Code Of Criminal Procedure, 1973
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 woman shall be required to attend at any place other than the place in which such male person or woman resides.
(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. – 202100334-20210043-2048 –
LAWAYZ-2023-496
