CrPC Section 120
Section 120 CrPC: Power of Police Officer to require attendance of witnesses
Text of Section 120:
"Any police officer, for the purpose of an investigation, may require the attendance before him, of any person being within the limits of his jurisdiction, and may examine such person on oath."
Explanation:
Section 120 grants police officers the authority to summon and examine witnesses during the process of investigation.
Key Features:
Purpose:
This power is exercised during investigation of a cognizable or non-cognizable offence.
The police officer may require attendance of any person whose testimony or statement is deemed relevant to the investigation.
Jurisdiction:
The police officer can summon any person within the jurisdiction of his police station.
Examination on oath:
The person summoned may be examined under oath by the police officer.
This means the witness is legally bound to tell the truth during the examination.
No court authority required:
This power is independent of the courts, allowing police officers to promptly collect evidence and statements during investigation.
Importance of Section 120:
It facilitates quick and effective investigation by enabling police officers to gather evidence and witness testimony.
Helps prevent delays in investigation by allowing direct summons and examination.
Witnesses’ statements recorded under this section may be used as evidence in court, subject to the usual evidentiary rules.
Limitations and Safeguards:
The power is confined to persons within the police officer's jurisdiction.
The witness must be examined fairly and legally, respecting their rights.
If the witness refuses to appear or answer questions, further legal action (like a summons from the court) may be necessary.
Relation to other sections:
Section 160 CrPC also empowers police to require attendance of witnesses, but is specifically related to investigation.
Statements recorded under Section 161 CrPC are taken during investigation and can be used to confront witnesses during trial but are not substantive evidence by themselves.
Summary:
Section 120 allows police officers to summon and examine any person within their jurisdiction during an investigation.
The witness can be examined under oath to ensure truthful statements.
This power helps in gathering evidence efficiently and aids in the smooth progress of the investigation.
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