Criminal procedure | Updated 17 October 2026
Section 160 CrPC and Section 179 BNSS: Police Power to Require Attendance of Witnesses
A police officer investigating a criminal case may issue a written order requiring certain persons acquainted with the facts to attend for questioning. The current provision is Section 179 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), corresponding to Section 160 of the Code of Criminal Procedure, 1973 (CrPC).
Meaning and scope of the power
Section 179(1) BNSS authorises a police officer conducting an investigation under Chapter XIII to require, by an order in writing, the attendance of a person who appears to know the facts and circumstances of the case. The person must be within the limits of the officer's own police station or an adjoining police station. Subject to the statutory safeguards, the person is required to attend as directed.
This is a power to secure attendance for investigation; it is not, by itself, a power to arrest or detain a witness. The order should be distinguished from an appearance notice issued to a person suspected of an offence under other applicable provisions.
Who cannot be compelled to attend at the police station?
The first proviso to Section 179(1) BNSS protects the following persons against being required to attend at a place other than where they reside:
- Male persons under 15 years of age.
- Male persons above 60 years of age.
- Women, irrespective of age.
- Persons with a mental or physical disability.
- Persons suffering from an acute illness.
The second proviso expressly permits such a protected person to attend the police station voluntarily if willing. Voluntary attendance must not be treated as a basis for compelling that person to come to the station.
Section 160 CrPC and Section 179 BNSS: Key changes
| Issue | Section 160 CrPC | Section 179 BNSS |
|---|---|---|
| Written attendance order | Required | Required |
| Territorial limit | Own or adjoining police station | Own or adjoining police station |
| Older male persons protected | Above 65 years | Above 60 years |
| Women, males under 15 and persons with disabilities | Protected | Protected |
| Persons with acute illness | Not expressly listed | Expressly protected |
| Voluntary station attendance by protected persons | No express corresponding proviso | Expressly permitted |
| Reasonable expenses | State rules may provide payment | State rules may provide payment |
Section 160 CrPC: Earlier statutory provision
Section 160(1) of the CrPC empowered a police officer investigating a case to order in writing the attendance of persons acquainted with the case and located within the officer's own or adjoining police-station limits. The proviso prevented requiring males under 15 or above 65, women, and persons with mental or physical disabilities to attend anywhere other than their place of residence.
Section 160(2) authorised State Governments to make rules for payment of reasonable expenses incurred by persons attending somewhere other than their residence. The protection for males above 65 and persons with disabilities reflected the amendment made by Act 13 of 2013, Section 14, effective 3 February 2013.
Witness expenses under Section 179(2) BNSS
Section 179(2) enables the State Government to frame rules providing for payment by the police officer of reasonable expenses of persons attending under subsection (1) at a place other than their residence. Whether and how expenses are reimbursed depends on the applicable State rules; the provision does not specify a uniform nationwide allowance.
Attendance versus examination of witnesses
Section 179 BNSS concerns requiring a witness to attend. Section 180 BNSS, corresponding to Section 161 CrPC, governs oral examination by police. Under Section 180(2), a person generally must answer questions relating to the case truthfully, except questions whose answers would tend to expose that person to a criminal charge, penalty or forfeiture. Constitutional protection against compelled self-incrimination under Article 20(3) also remains relevant.
What should a person do on receiving a police attendance notice?
- Read the written order carefully and check the police officer's identity, police station, case details, date and place of attendance.
- Check whether the location falls within the officer's own or an adjoining police-station jurisdiction under the provision.
- If covered by the protected categories, inform the investigating officer in writing and request questioning at the place of residence; attending the police station is voluntary for those persons.
- Keep a copy of the notice and any written response, and seek legal advice if the notice is unclear, coercive or appears to exceed statutory authority.
- Do not ignore a lawful written attendance order without addressing the issue promptly.
Which law applies after 1 July 2024?
Section 531(1) BNSS repealed the CrPC, but Section 531(2)(a) preserves the CrPC for appeals, applications, trials, inquiries and investigations pending immediately before the BNSS commenced. Accordingly, the date and procedural status of the particular case matter when determining whether Section 160 CrPC or Section 179 BNSS governs a police attendance requirement.
Frequently asked questions
Can police summon a witness by telephone alone under Section 179 BNSS?
The attendance requirement under Section 179(1) is expressly based on an order in writing. A telephone request alone is not the written order contemplated by that provision.
Can police require a woman to visit the police station for questioning?
Under Section 179(1), a woman cannot be required to attend at a place other than where she resides. She may choose to attend the police station voluntarily under the second proviso.
Is a man aged 63 protected?
Yes, under Section 179 BNSS a male person above 60 years is protected from being compelled to attend outside his residence. The earlier CrPC threshold was above 65 years.
Does receiving a witness notice mean the person has been arrested?
No. A witness attendance order under Section 179 is not itself an arrest order.
Official legal sources
- India Code — official central legislation database; consult the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023), Sections 179, 180 and 531.
- Bureau of Police Research and Development: BNSS reference PDF — includes the correspondence between Section 160 CrPC and Section 179 BNSS.
- Government of India: Section 531 BNSS, repeal and savings.
- Ministry of Home Affairs — notifications and criminal law resources.
Legal note: This article explains the central statutory provisions. State rules, case-specific facts and binding judicial decisions may affect their application.