Power to summon persons
AI Assist
Summary
Police may issue a written summons to two or more people and anyone who seems to know the facts; summoned persons must attend and answer truthfully. They need not answer self-incriminating questions. Men under 15 or over 60, women, the mentally or physically disabled, and the acutely ill cannot be required to attend away from home but may come to the police station voluntarily. If no cognizable offence appears, police cannot force attendance at a Magistrate's Court.
Example
Priya reports a theft and police summons Ravi and Meera plus Arjun who seems to know the facts. Meera, being a woman, cannot be forced to attend away from her residence but may choose to come to the police station. All summoned must answer truthfully but may refuse self-incriminating questions; if no cognizable offence appears, police cannot force them to attend a Magistrate's Court.
Bare Act
Enacted text(1) A police officer proceeding under section 194 may, by order in writing, summon two or more persons as aforesaid for the purpose of the said investigation, and any other person who appears to be acquainted with the facts of the case and every person so summoned shall be bound to attend and to answer truly all questions other than questions the answers to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture:
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 where such person resides:
Provided further that if such person is willing to attend and answer at the police station, such person may be permitted so to do.
(2) If the facts do not disclose a cognizable offence to which section 190 applies, such persons shall not be required by the police officer to attend a Magistrate's Court.
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