Power to summon persons
AI Assist
Summary
When police are conducting an inquiry under the relevant inquiry provision, they may issue a written order summoning two or more people and anyone who seems to know the facts. Summoned persons must attend and answer truthfully, but need not answer questions that would tend to incriminate them or cause forfeiture. If the facts do not show a cognizable offence requiring magistrate involvement, police cannot force attendance at the Magistrate's Court.
Example
Ravi saw a neighbour collapse and the police opened an inquiry. The investigating officer sent written summonses to Ravi and two other neighbours; all three had to attend and answer truthfully. Ravi could refuse to answer any question that would tend to incriminate him. Later, since the facts showed no cognizable offence needing a magistrate, the police did not require them to go to the Magistrate's Court.
Bare Act
Enacted text(1) A police officer proceeding under section 174 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 is the answers to which have a tendency to expose him to a criminal charge or to a forfeiture.
(2) If the facts do not disclose a cognizable offence to which section 170 applies, such persons shall not be required by the police officer to attend a Magistrate’s Court.
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