Police Officer’s power to require attendance of witnesses
AI Assist
Summary
During an investigation a police officer can issue a written order requiring any person within his or an adjoining station who appears to know the facts to attend before him. The person must comply and appear as directed. But a male under 15 or over 65, a woman, or a mentally or physically disabled person cannot be forced to go to a place other than their residence. The State may make rules to pay reasonable expenses if attendance is required away from home.
Example
Ravi saw a neighbour's burglary and the local police gave him a written order to come to the station for questioning. Ravi must attend as ordered. If a witness is under 15, over 65, a woman, or mentally/physically disabled, police cannot require attendance away from that person’s residence, and rules may provide for reasonable expenses if they do attend elsewhere.
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 fads 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-five years or a woman or a mentally or physically disabled person1 shall be required to attend at any place other than the place in which such male person or woman resides.
(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.
1 Criminal Law (Amendment) Act, 2013
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