Complainant and witnesses not to be required to accompany police officer and not to be subject to restraint
AI Assist
Summary
A complainant or witness going to court must not be forced to accompany a police officer, be subjected to unnecessary restraint or inconvenience, or be asked to give security other than their own personal bond. If they refuse to attend or to execute the bond as directed under section 190, the police station in-charge may forward them in custody to the magistrate. The magistrate may detain them until the bond is executed or the hearing is completed.
Example
Priya is walking to court to give evidence in a theft matter. A constable asks her to go with him and to sign an attendance bond. She cannot be forced to accompany the officer or to give security beyond her own bond. If Priya refuses the bond as directed under section 190, the station in-charge may send her in custody to the magistrate, who can detain her until she signs or the hearing ends.
Bare Act
Enacted textNo 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.
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