CrPC Section 160- Police Officer's Power To Require Attendance Of Witnesses

Have you ever wondered what occurs when someone is called in for interrogation by the police as part of an investigation? Can they just ask for someone to come? Criminal Procedure Code (CrPC) Section 160 claims to give police officers the authority to call witnesses. Still, how does this work and what does it mean? Is it within their rights to just force the witness to appear at the police station anytime they desire? What happens if they're a kid or a woman? Are there any safety measures in place?

We'll go over the main ideas of CrPC Section 160 in this post. We also explain any queries you might have for you to be aware of your rights and obligations as a witness. Let's begin now!

What Is Section 160 CrPC?

A police officer conducting an investigation is authorised under Section 160 of the CrPC of 1973 to serve notice on anybody within the officer's authority, compelling them to appear and submit information relevant to the case. The clause is vital to information collection during the investigation stage as witnesses and others with appropriate knowledge are important in assembling the facts.

Witnesses are those who observe, see or have knowledge of something in criminal activities. They can testify in person, through an affidavit, an oral or written deposition, under oath, or through affirmation. Acceptable evidence is the foundation of a criminal case. Witnesses are needed for all forms of evidence, direct or indirect.

Essentials Of Section 160 CrPC

Section 160(1) states that if the following requirements are met, an investigating officer may order the presence of any individual before themselves:

• A written order mandating the individual's attendance is required.

• The individual is someone who seems to be familiar with the case's facts and circumstances; and

• The summons must contain information on the FIR and the offence as well as the name, title, and address of the investigating officer.

• The topic of the investigation is located inside the borders of any neighbouring police station or the police station of the investigating police officer. 

• In compliance with the regulations, the police officer is also required to cover this person's reasonable expenses when they attend a place other than their house. 

Who Can Issue Notices Under Section 160 CrPC?

Section 160 gives a police officer conducting an inquiry the power to issue notices. Any individual who is legitimately conducting a criminal inquiry is referred to as a "police officer". This usually refers to police of a specific rank who are in charge of the investigation into a specific crime. This section only applies if the officer is actively investigating anything.

Who Can be Summoned Under Section 160 CrPC?

A police officer may call anybody with information on a criminal case under Section 160. This includes those who were present at the scene directly, those who learnt about it indirectly, and those who might have tangible proof.

The individual called in must be reasonably believed by the police to be able to help with the investigation. This keeps summonses from being issued arbitrarily and guarantees that the legal system is working towards justice.

The Extent Of A Police Officer's Authority

The police start their investigation at:

• When an officer of the law accuses someone of committing a crime that is legally punished, they file a First Information Report (FIR) on the instruction of a qualified magistrate.

• The police will conduct an inquiry into both cognisable and non-cognizable offences. Police can look into offences that are cognisable without a magistrate's approval.

Nevertheless, Section 160's authority is restricted to ordering witnesses or other people who might know something that might be useful to the inquiry to appear in person.

This section's goal is to obtain evidence through voluntary statements or testimony, not to make arrests or detain people. This clause prohibits the officer from harassing or pressuring someone to confess to a crime. The place, date, and reason for the person's attendance must all be made explicit in the summons.

Special Provisions Of Witnesses Under Section 160 CrPC

Certain vulnerable groups, including women and minors, are given extra protection under the CrPC. Individuals who are under 15 years old or over 65, females, or those with physical or mental disabilities are not obliged to attend any location other than their place of residence. 

When interviewing female suspects, police must use particular caution to prevent intimidation of any kind. Female officers may be present if needed. The purpose of this provision is to provide children and women with further protection against potential humiliations and inconveniences resulting from police misuse of authority under Section 160(1). 

This statutory prohibition, which keeps girls and minors away from the police department unless they are at the latter's secure abode, is the result of public policy that is not supportive of the police officers. 

Perhaps in the future, as community trust and awareness grow, the police will be seen as deserving of more trust, and the stigmatising and dubious clauses currently found in the code will be lessened.

Legal Protections For Witnesses

Several legal safeguards are available to those called under Section 160 to make sure their rights are upheld.

• According to Article 20(3) of the Indian Constitution, which protects people against self-incrimination, the police cannot force someone to testify against oneself.

• A witness cannot be held by the police for any longer than is required to get a statement.

• The police may interview the witness, but they also have the right to legal counsel, and coercion or pressure of any kind is expressly forbidden.

• Witnesses have an additional legal safeguard in place if they choose not to respond to enquiries that might lead to their involvement in criminal activity.

Rights Of Witnesses Against Harassment 

A person who gets a notice under Section 160 is required to appear, but they also have the right to do so in a setting that is safe and non-hostile. Throughout the questioning procedure, the police have to make sure the witness is not harassed or put under excessive pressure. Any infraction of this might result in the involved police personnel facing legal repercussions.

Limitations Of Police Officers

Police officers have some restrictions while investigating witnesses. Some of them are

Regional Boundaries

The geographic restriction on summoning people is one of the main restrictions set by Section 160. According to this clause, a police officer cannot force someone who lives more than a reasonable distance away or outside the boundaries of their police station's authority to attend.

The geographic boundary guards against unnecessary hardship and guarantees that witnesses aren't called in from far away without good cause. Generally speaking, this distance is seen as being under the same district's limits, yet with the right permission, exceptions may be established.

Sensitive Individuals

People who are in crisis ought to be handled with care and compassion. These might include young mothers, the elderly, or anyone with life-threatening conditions. To get their statements, the police might occasionally need to come to their home. This guarantees that witnesses won't experience excessive hardship or physical strain when called upon to testify. 

Ignorance of these factors may give rise to legal objections over the validity of the summons.

Consequence Of Non-Compliance To Section 160 CrPC

An individual may be subject to penalties under Section 174 of the Indian Penal Code (IPC) if they disregard a notification sent under Section 160 without a valid reason. 

This section outlines the penalties for any person who intentionally fails to appear at the designated location or time, or who leaves the location where they are required to appear before the time at which it is lawful for them to depart, in response to a summons, notice, order, or proclamation proceeding from any legally competent public servant, as such public servant, to issue the same. 

The penalties can be either simple imprisonment for a term that may be for a month, or a fine of up to 500 rupees, or both. Alternatively, if the summons, notice, order, or proclamation requires the respondent to appear in person or through an agent in a court of justice, simple imprisonment for a term of up to six months, or a fine of up to 1,000 rupees, or both. 

Cases Related to Section 160 CrPC

Some of the instances of this section are:

Case 1. State of U.P. v. Joginder Kumar (1994)

The Supreme Court addressed the subject of arbitrary police action in this historic case. Under the pretext of Section 160 CrPC, the police called Joginder Kumar for interrogation; nonetheless, he was wrongfully held for several days. According to the ruling of the court, no one may be arrested or called by the police without a good reason. The ruling stressed that improper use of the summons authority cannot harass witnesses or suspects.

Case 2. State of Delhi v. Ram Singh (2006)

In this instance, a woman was called in to be questioned at the police station. Section 160 prohibits women from being called to the police station, the court said. Unless they willingly consent to an interview at the police station, they will have to be questioned at home. The police officers who disregarded this order were chastised by the court.

Case 3. State of Punjab v. Sarla Devi (2001)

This was an instance of unwarranted harassment when a woman was called in for questioning on several occasions. The court determined that issuing several summonses without a valid justification constituted an abuse of Section 160. It was emphasised that under the pretence of an inquiry, witnesses should not be subjected to abuse or unjust treatment.

Conclusion

In summary, police officers have the authority to call witnesses for interrogation in connection with an investigation under Section 160 of the Code of Criminal Procedure (CrPC). However, it establishes explicit boundaries to shield people, women and kids in particular from needless harassment or discomfort. Summons ought to be fair and considerate of the person's location and situation.

To ensure justice in the investigation process, the clause seeks to strike a balance between the rights of individuals and the necessity of effective law enforcement. Sustaining faith in the judicial system depends on how this authority is used.