Bharatiya Nagarik Suraksha Sanhita, 2023
Section 195
Power to summon persons
(1) A police officer proceeding under section 194 may, by order in writing, summon two or more persons as aforesaid for the purpose of the said investigation, and any other person who appears to be acquainted with the facts of the case and every person so summoned shall be bound to attend and to answer truly all questions other than questions the answers to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture: 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 where such person resides: Provided further that if such person is willing to attend and answer at the police station, such person may be permitted so to do.
(2) If the facts do not disclose a cognizable offence to which section 190 applies, such persons shall not be required by the police officer to attend a Magistrate's Court.
Why this exists
Investigators need the power to gather information from ordinary people who might know something about a crime — neighbours, shopkeepers, bystanders. But this power can be misused to harass vulnerable people or coerce confessions. The provision (carried forward from Section 160 of the old Code of Criminal Procedure) balances investigative needs with protections: it exempts children, the elderly, women, and the ill or disabled from being dragged to police stations, and it preserves the constitutional principle that no one can be forced to incriminate themselves.
How courts read it
Under the predecessor provision (Section 160 CrPC), the Supreme Court in Nandini Satpathy v. P.L. Dani (1978) held that the right against self-incrimination applies even during police interrogation, not just in court, reinforcing the 'truly all questions other than self-incriminating ones' language. Courts have also repeatedly held that the requirement to question women only at their residence is mandatory, not discretionary, and have penalized police for summoning women to stations in violation of this safeguard. Since BNSS section 195 largely reproduces this language, these interpretations are expected to continue guiding its application.
Common misconceptions
- Myth: Police can force any witness to come to the police station.
Fact: The law specifically exempts young boys, elderly men, women, and disabled or seriously ill persons from being required to attend anywhere except their own residence. - Myth: A summoned witness must answer every question the police ask.
Fact: Witnesses must answer truthfully, but they can lawfully refuse to answer questions that would expose them to a criminal charge, penalty, or forfeiture. - Myth: Anyone summoned by police under this section will end up in court.
Fact: If the facts don't show a cognizable offence, the police cannot require the person to appear before a Magistrate's Court.