Crpc sec 160

Lecture 7

1. CRIMINAL PROCEDURAL CODE, 1973 BY ARUNDHATI BANERJEE CHAPTER XII SECTION 160: Police officer’s power to require attendance of witnesses. MLC My Law Corner

2. BARE ACT LANGUAGE EXPLAINED (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 women shall be required to attend at any place other than the place in which such male person or women resides . INVESTIGATING OFFICER, STATION HOUSE OFFICER OR SUPRITENDENT OF POLICE MEANS SEPARATE PART FLOW CHART FOR EASY EXPLAINATION ANY POLICE OFFICER ORDER IN WRITING ATTENDANCE PERSON INFORMATION ACQUAINTED WITH FACTS WITHIN THE LIMITS OWN POLICE STATION ADJOINING POLICE STATION MLC My Law Corner

3. SECTION 160 CONTINUED… (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 . DIET MONEY POLICE STATION OR ANY OTHER CONVENIENT PLACE FLOW CHART FOR EASY EXPLAINATION STATE GOVT. PAY REASONABLE EXPENSES THROUGH POLICE OFFICER PERSON ATTENDING TO THE ORDER POLICE STATION ANY OTHER PLACE MLC My Law Corner

4. POINTS TO REMEMBER Under this Section an Investigating police Officer may by order require the attendance before himself of any person if following conditions are satisfied:- 1. The order must be in writing. 2. The person to whom the order is made is one who appears to be acquainted with the facts and circumstances of the case. 3. Such a person is within the limits of police station of the Investigating Officer or is within the limit of any adjoining police station. FLOW CHART FOR EASY EXPLAINATION ANY POLICE OFFICER INVESTIGATION UNDER THIS CHAPTER MAY SEEK ATTENDANCE ANY PERSON ACQUAINTED WITH FACTS SHALL HAVE TO ATTEND MLC My Law Corner

5. POINTS TO REMEMBER CONTINUED… The age of the male under this section is said to be a man below the age of 15 years and above the age of 65 years. A women under this section can be of any age. The police officer shall pay the expenses to the witnesses for coming to the police station which is prescribed or managed by the State Government. This amount of money is known as Diet Money. LIMITED POWERS OF POLICE OFFICER IN RELATION TO ATTENDANCE OF WITNESSES Women of any age. A man below the age of 15 years. A man above the age of 65 years. A disabled person mentally or physically . MLC My Law Corner

6. POINTS TO REMEMBER CONTINUED… The intention of the Legislature appears to provide facility to the police to obtain evidence with regard to the crime being investigated. Disobedience of mere verbal order is not punishable. This section does not authorizes a police officer to require the attendance of an accused person with a view to answering the charge. A person who fails to comply with the order of the police may be prosecuted for disobedience under section 174 of Indian Penal Code (IPC). T he I nvestigating Officer (I.O.) of a case has no authority to use force for compelling attendance, nor does he have any power to arrest or detain such a person. This Code also does not empower a Magistrate to issue any compelling a person to attend before a police officer. MLC My Law Corner

7. CASES RELATED TO THIS SECTION SUBE SINGH vs. STATE OF HARYANA AIR 2006 The police repeatedly questioned the family members of the accused at their house or by calling them at the police station. This was done because the police had reasonable grounds to believe that the family members knew about the whereabouts of the accused. The Court said that this being part of the process of investigation, could not per se be considered as harassment or torture are violation of Article 21 of the Indian Constitution. NARAYAN SWAMI vs. EMPEROR AIR 1939 The words ‘any person’ include a person who may be accused of the crime and suspects. MLC My Law Corner

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