Police officer's power to require attendance of witnesses
AI Assist
Summary
While investigating, a police officer can issue a written order requiring anyone within his or an adjoining station who appears to know the facts to attend before him. Such persons must comply. Men under 15 or over 60, women, the mentally or physically disabled, and the acutely ill cannot be compelled to attend away from their residence, though a willing person may be allowed to come to the station. The State may make rules to pay reasonable expenses when attendance is away from home.
Example
Priya saw a scuffle outside her shop. The investigating officer gives a written order asking her to attend. Because Priya is a woman the police cannot force her to go anywhere other than her home, but if she agrees she may be permitted to come to the police station. If she attends away from home, the police may have to pay her reasonable expenses under rules.
Bare Act
Enacted text(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 above the age of sixty years or a woman or a mentally or physically disabled person or a person with acute illness shall be required to attend at any place other than the place in which such person resides:
Provided further that if such person is willing to attend at the police station, such person may be permitted so to do.
(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.
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