Section 160 of CRPC – Police officer’s Power to require attendance of witnesses
As per Section 160 of Criminal Procedure Code Police offices investigating the case has the power to require attendance of witnesses of a case. Legal provision related to Section 160 of CRPC is:
(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 1[under the age of fifteen years or above the age of sixty-five years or a woman or a mentally or physically disabled person] shall be required to attend at any place other than the place in which such male person or woman resides.
(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.
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1. Subs. by Act 13 of 2013, s. 14, for “under the age of fifteen years or woman” (w.e.f. 3-2-2013).
What is the punishment for non compliance of Summon under Section 160 of CRPC?
Non-compliance of summons u/s 160 CRPC is an offence punishable under Section 174 of Indian Penal Code. Legal Provision under Indian Penal Code regarding punishment of non compliance of summons u/s 160 CRPC is as under:
Section 174 of Indian Penal Code – Non-attendance in obedience to an order from public servant
Whoever, being legally bound to attend in person or by an agent at a certain place and time in obedience to a summons, notice, order or proclamation proceeding from any public servant legally competent, as such public servant, to issue the same, intentionally omits to attend at that place or time, or departs from the place where he is bound to attend before the time at which it is lawful for him to depart, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both, or, if the summons, notice, order or proclamation is to attend in person or by agent in a Court of Justice, with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both