Legal provisions regarding power to require attendance of witness under section 160 of the Code of Criminal Procedure, 1973.
Section 160 of the Code of Criminal Procedure provides that 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 facts and circumstances of the case, and such person shall attend as so required.
However, no male person under the age of fifteen years or women shall be required to attend at any place other than the place in which such male person or woman resides. 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 at any place other than his residence.
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ADVERTISEMENTS:
The attendance of persons who would supply the necessary information in respect of the commission of an offence under investigation. The words ‘any person’ in Section 160 of the Code include a person who may become the accused.
The order to attend before the police officer must be in writing. The person is within the limits of the police station of the investigating police officer or is within the limits of any adjoining police station.
If a person fails to attend before a police officer making an investigation, he is liable to punishment under Section 174 of the Indian Penal Code. Mere refusal to accept a notice issued under this Section does not constitute an offence under Section 173 of the Indian Penal Code.
ADVERTISEMENTS:
A person on whom the police officer by order requires his attendance is bound to attend. However, the investigating officer has no authority to use force for compelling attendance of such a person; nor does the officer has any power to arrest or detain such a person. A Magistrate also has no power to issue any process compelling a person to attend before a police officer.