(1) A police officer proceeding under section 194 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 the answers to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture: 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 where such person resides: Provided further that if such person is willing to attend and answer at the police station, such person may be permitted so to do. (2) If the facts do not disclose a cognizable offence to which section 190 applies, such persons shall not be required by the police officer to attend a Magistrate's Court.
Bharatiya Nagarik Suraksha Sanhita
Section 195
Power to summon persons
⚡ Quick Answer Reference: Section 195 BNSS
- Provision: Section 195 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE
- Jurisdiction: India
- Summary: This section allows a police officer to summon people for questioning during an investigation. The person must answer questions truthfully, but they can't be forced to answer questions that might put them in trouble. Some people, like those under 15 or over 60, women, or people with disabilities, can't be forced to go to the police station, but they can choose to go if they want to.
What does Section 195 of BNSS say?
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What does Section 195 of BNSS mean?
Plain English Explanation
This section allows a police officer to summon people for questioning during an investigation. The person must answer questions truthfully, but they can't be forced to answer questions that might put them in trouble. Some people, like those under 15 or over 60, women, or people with disabilities, can't be forced to go to the police station, but they can choose to go if they want to.
Practical Interpretation
In practice, this section means that police officers have the power to summon people for questioning, but they must be careful not to ask questions that might put the person in trouble. The police officer must also consider the person's age, health, and other factors before summoning them.
Core Legal Purpose
The core purpose of this section is to provide a framework for police officers to gather information during an investigation while protecting the rights of the people being questioned.
- •A police officer proceeding under section 194
- •The person being summoned must be acquainted with the facts of the case
- •The person being summoned must answer questions truthfully, except for questions that might put them in trouble
- •Some people, like those under 15 or over 60, women, or people with disabilities, can't be forced to go to the police station
Practical Example of Section 195 BNSS
Rajesh, a 30-year-old businessman, is being investigated for a crime. The police officer, proceeding under section 194, summons Rajesh and his friend, Priya, for questioning. During the questioning, the police officer asks Rajesh and Priya to answer questions truthfully, but not questions that might put them in trouble. Rajesh and Priya are both willing to answer questions, but the police officer must consider their age, health, and other factors before summoning them.
Frequently Asked Questions about Section 195 BNSS
Q: What is the punishment or consequence under Section 195 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 both private individuals and public entities, as it is a general provision for summoning people for questioning during an investigation.
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 195 BNSS
What is Section 195 of BNSS?
Section 195 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Power to summon persons". In plain terms: This section allows a police officer to summon people for questioning during an investigation. The person must answer questions truthfully, but they can't be forced to answer questions that might put them in trouble. Some people, like those under 15 or over 60, women, or people with disabilities, can't be forced to go to the police station, but they can choose to go if they want to.
What is the punishment under Section 195 of BNSS?
Section 195 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 195 of BNSS bailable or non-bailable?
Whether Section 195 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 195 of BNSS?
The essential elements of Section 195 of BNSS are: A police officer proceeding under section 194; The person being summoned must be acquainted with the facts of the case; The person being summoned must answer questions truthfully, except for questions that might put them in trouble.
Landmark Judgments under Section 195 BNSS
Sections commonly cited alongside Section 195
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