Section 179 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 179 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 empowers police officers conducting investigations to require the attendance of individuals who may possess knowledge pertinent to the case.
📜 Text of Section 179
179. Police officer’s power to require attendance of witnesses
Authority to Summon Witnesses
A police officer engaged in an investigation may, by written order, require any person within the jurisdiction of their own or an adjoining police station—who appears to be acquainted with the facts and circumstances of the case—to attend before them. Such individuals are obligated to comply with the order.
Exemptions
Certain individuals are exempt from being required to attend at any place other than their residence:
Males under the age of 15 or above the age of 60
Women
Mentally or physically disabled persons
Persons with acute illness
Reimbursement of Expenses
The State Government may, through rules, provide for the reimbursement of reasonable expenses incurred by individuals attending under subsection (1) at a location other than their residence.
⚖️ Comparison with Indian Criminal Procedure Code (Cr.P.C.)
Section 179 of the BNSS, 2023 aligns closely with Section 160 of the Indian Criminal Procedure Code (Cr.P.C.), 1973, which also grants police officers the authority to require the attendance of witnesses during investigations. Both provisions aim to facilitate the gathering of information essential for the investigation process.
🧭 Practical Implications
Witness Summoning: Police officers can issue written orders to individuals within their jurisdiction who may have information relevant to the case, compelling their attendance for questioning.(
Protection for Vulnerable Individuals: The exemptions ensure that vulnerable groups, such as the elderly, women, and those with disabilities or serious health conditions, are not unduly burdened by the requirement to attend police stations.
Voluntary Attendance: Individuals who fall under the exempted categories may still choose to attend the police station voluntarily, facilitating their participation in the investigation process.
Financial Considerations: The provision for reimbursing reasonable expenses incurred by witnesses attending at locations other than their residence ensures that financial constraints do not deter individuals from participating in the investigation.
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