Section 175 CrPC and Section 195 BNSS: Power to Summon Persons
A practical explanation of the police power to summon witnesses during an inquiry into an unnatural or suspicious death, the duty to answer questions, and protections under the law now in force.
Meaning and purpose of the power to summon persons
An inquest is an inquiry into the apparent cause and circumstances of a death, especially where suicide, accident, violence or suspicious circumstances are reported. A police officer conducting an inquest may need statements from persons who saw relevant events or know facts concerning the death. The statutory power to require their attendance is distinct from the power to arrest a suspect.
Section 174 CrPC concerned police inquiries into suicide and other unnatural deaths. Its current counterpart is Section 194 BNSS. The related power to summon persons was contained in Section 175 CrPC and is now set out in Section 195 BNSS.
Section 175 CrPC: Power to summon persons
Sub-section (1): Written summons and duty to answer
A police officer proceeding under Section 174 CrPC could, by an order in writing, summon two or more persons for the inquest and any other person appearing to know the facts. A person summoned was required to attend and answer questions truthfully, except questions whose answers would tend to expose that person to a criminal charge, penalty or forfeiture.
Sub-section (2): No unnecessary attendance before a Magistrate
Where the facts did not disclose a cognizable offence to which Section 170 CrPC applied, the police officer could not require those persons to attend a Magistrate's Court under this provision.
Cognizable offence generally means an offence for which a police officer may arrest without a warrant in accordance with the applicable law. Section 170 CrPC dealt with sending a case to the Magistrate when sufficient evidence was available.
Section 195 BNSS: Current law and additional safeguards
Section 195(1) BNSS retains the written-summons power for police officers proceeding under Section 194 BNSS. It also retains the duty to answer truthfully, subject to the protection against self-incriminating answers. Importantly, it expressly adds safeguards concerning the place of attendance.
Who cannot be compelled to attend away from their residence?
The first proviso to Section 195(1) provides that the following persons shall not be required to attend at any place other than the place where they reside:
- A male person below 15 years of age;
- A male person above 60 years of age;
- A woman;
- A person with a mental or physical disability; or
- A person with an acute illness.
The second proviso permits such a person to attend and answer at the police station voluntarily, if willing to do so. This is a protection against compulsory travel, not an exemption from lawful questioning.
Section 195(2): Attendance at Magistrate's Court
Where the facts do not disclose a cognizable offence to which Section 190 BNSS applies, persons summoned for the inquest must not be required by the police officer to attend a Magistrate's Court under Section 195(2).
Practical implications for witnesses and investigating officers
- Written order: The statutory power to summon persons under this provision is exercised through a written order.
- Relevant knowledge: A person may be summoned where the officer considers that the person is acquainted with facts of the inquest.
- Truthful answers: Relevant questions must be answered truthfully, subject to the express self-incrimination exception.
- Protected attendance: Officers must respect the residence-based safeguards in the provisos to Section 195(1) BNSS.
- Separate procedures: An inquest summons does not, by itself, establish criminal liability or automatically require attendance in court.
The precise procedure depends on the facts, the applicable commencement and savings rules, and any other statutory powers lawfully invoked. The general power to examine witnesses during investigation should not be confused with the specific inquest power discussed here.
Frequently asked questions
What is Section 175 CrPC?
Section 175 of the Code of Criminal Procedure, 1973 authorised a police officer conducting an inquest under Section 174 to summon persons by written order and question them, subject to protection against self-incrimination.
Which BNSS section replaces Section 175 CrPC?
Section 195 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is the corresponding provision, effective from 1 July 2024, subject to transitional savings.
Can a woman be required to attend the police station for an inquest?
Under the first proviso to Section 195(1) BNSS, a woman cannot be required to attend at a place other than where she resides. She may voluntarily attend the police station under the second proviso.
Must a summoned person answer every question?
The person must answer truthfully except questions whose answers would tend to expose that person to a criminal charge, penalty or forfeiture.
Official legal sources
For the statutory text and related provisions, consult the India Code record for the BNSS, 2023, the Ministry of Home Affairs criminal laws page, and the Bureau of Police Research and Development criminal laws resources. The NCRB corresponding-sections compendium is also useful for identifying old and new section numbers.
Legal information is general in nature. For a particular investigation, verify the operative statutory text, relevant rules and judicial orders.