Section 171 CrPC and Section 191 BNSS: Rights of Complainants and Witnesses
Complainants and witnesses travelling to court are generally entitled to do so without being compelled to accompany a police officer, subjected to unnecessary restraint or inconvenience, or required to furnish security beyond their own bond. This protection appeared in Section 171 of the Code of Criminal Procedure, 1973 (CrPC) and is now contained in Section 191 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
Section 191 BNSS: Current protection for complainants and witnesses
Section 191 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is titled Complainant and witnesses not to be required to accompany police officer and not to be subject to restraint. It provides:
No complainant or witness on his way to any Court shall be required to accompany a police officer, or shall be subjected to unnecessary restraint or inconvenience, or required to give any security for his appearance other than his own bond:
Provided that if any complainant or witness refuses to attend or to execute a bond as directed in section 190, the officer in charge of the police station may forward him in custody to the Magistrate, who may detain him in custody until he executes such bond, or until the hearing of the case is completed.
Section 190 BNSS concerns cases sent to a Magistrate when evidence is sufficient, including the execution of bonds for the appearance of complainants and witnesses. Section 191 protects them against unnecessary restrictions while preserving the narrowly stated statutory consequence of refusal.
Section 171 CrPC: Earlier statutory provision
Section 171 of the Code of Criminal Procedure, 1973 was titled Complainant and witnesses not to be required to accompany police officer and not to be subjected to restraint. Its text was:
No complainant or witness on his way to any Court shall be required to accompany a police officer, or shall be subjected to unnecessary restraint or inconvenience, or required to give any security for his appearance other than his own bond:
Provided that, if any complainant or witness refuses to attend or to execute a bond as directed in section 170, the officer in charge of the police station may forward him in custody to the Magistrate, who may detain him in custody until he executes such bond, or until the hearing of the case is completed.
The reference to Section 170 CrPC is now a reference to Section 190 BNSS in the corresponding current provision. The substantive safeguard remains substantially the same.
Meaning and practical effect
Freedom to travel to court independently
A complainant or witness going to court cannot ordinarily be compelled under this provision to travel with a police officer. Attendance obligations under lawful court processes remain separate matters.
Protection from unnecessary restraint and inconvenience
Police should not impose avoidable restrictions, coercive accompaniment or unnecessary inconvenience on a complainant or witness merely because the person is required to appear in court.
Personal bond rather than additional security
For appearance covered by this provision, the person cannot be required to furnish security other than his or her own bond. A personal bond is an undertaking to appear as required, without the additional security prohibited by this section.
Exception: Refusal to attend or execute a bond
The proviso is important. Where a complainant or witness refuses to attend or execute the bond directed under Section 190 BNSS (formerly Section 170 CrPC), the officer in charge of the police station may forward the person in custody to a Magistrate. The Magistrate may then detain the person until the bond is executed or the hearing is completed, as the provision states.
This is a specific statutory exception, not a general authority to detain witnesses at will. Its prerequisites and the role of the Magistrate must be respected.
Which provision applies after 1 July 2024?
For criminal procedure governed by the BNSS, consult Section 191. For an investigation, inquiry, trial, appeal or application pending immediately before commencement, Section 531 BNSS contains repeal-and-savings rules that may preserve application of the CrPC. The applicable procedural law should therefore be checked against the date and status of the particular proceeding.
Frequently asked questions
Can police force a witness to accompany an officer to court?
Section 191 BNSS generally prohibits requiring a complainant or witness on the way to court to accompany a police officer. The express proviso concerning refusal to attend or execute a bond must be read separately.
Can police demand a surety from a witness under this section?
No additional security beyond the witness's own bond may be required for the appearance addressed by Section 191 BNSS.
What replaced Section 171 CrPC?
Section 191 BNSS is its corresponding provision, with the associated bond provision renumbered from Section 170 CrPC to Section 190 BNSS.