(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 facts 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 years or a woman or a mentally or physically disabled person or a person with acute illness shall be required to attend at any place other than the place in which such person resides: Provided further that if such person is willing to attend at the police station, such person may be permitted so to do. (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.
Bharatiya Nagarik Suraksha Sanhita
Section 179
Police officer's power to require attendance of witnesses
⚡ Quick Answer Reference: Section 179 BNSS
- Provision: Section 179 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE
- Jurisdiction: India
- Summary: A police officer can order anyone who lives within their station or an adjoining station to come and give information about a case. The person must attend if they live nearby, but if they're old, sick, or disabled, they can attend at their home or the police station if they want to.
What does Section 179 of BNSS say?
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What does Section 179 of BNSS mean?
Plain English Explanation
A police officer can order anyone who lives within their station or an adjoining station to come and give information about a case. The person must attend if they live nearby, but if they're old, sick, or disabled, they can attend at their home or the police station if they want to.
Practical Interpretation
This section is used by police officers to gather information from people who may have witnessed a crime or have relevant knowledge. The officer can order the person to attend the police station, but there are exceptions for vulnerable individuals.
Core Legal Purpose
The core purpose of this section is to empower police officers to gather information from potential witnesses, while also protecting vulnerable individuals from unnecessary inconvenience.
- •The police officer must be making an investigation under Chapter of the BNSS.
- •The person must be within the limits of the police officer's station or an adjoining station.
- •The person must appear to be acquainted with the facts and circumstances of the case.
- •The person must not be a male under 15 or over 60, a woman, a mentally or physically disabled person, or a person with an acute illness, unless they agree to attend at the police station.
Practical Example of Section 179 BNSS
Rajesh, a police officer, is investigating a theft case in his station. He believes that Priya, a local shopkeeper, may have seen the thief. Rajesh orders Priya to attend the police station to give a statement. Priya is 62 years old and has a heart condition, but she agrees to attend the police station. Rajesh provides her with reasonable expenses for her travel and ensures that she is comfortable during the questioning.
Frequently Asked Questions about Section 179 BNSS
Q: What is the punishment or consequence under Section 179 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to private individuals who are within the limits of the police officer's station or an adjoining station.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not prescribe a penal punishment, so it is neither bailable nor cognizable.
Common Questions about Section 179 BNSS
What is Section 179 of BNSS?
Section 179 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Police officer's power to require attendance of witnesses". In plain terms: A police officer can order anyone who lives within their station or an adjoining station to come and give information about a case. The person must attend if they live nearby, but if they're old, sick, or disabled, they can attend at their home or the police station if they want to.
What is the punishment under Section 179 of BNSS?
Section 179 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 179 of BNSS bailable or non-bailable?
Whether Section 179 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 179 of BNSS?
The essential elements of Section 179 of BNSS are: The police officer must be making an investigation under Chapter of the BNSS.; The person must be within the limits of the police officer's station or an adjoining station.; The person must appear to be acquainted with the facts and circumstances of the case..
Landmark Judgments under Section 179 BNSS
Sections commonly cited alongside Section 179
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