Section 25 of The Madras District Police Act, 1859
It shall be lawful for every Police Officer in charge of a Station, or other superior Officer of Police, to bind by recognizance any person to appear as prosecutor or as a witness before the Magistrate by whom any grave charge in being or is about to be investigated ; and if any such prosecutor or witness shall refuse to execute such recognizance, it shall be competent to such Officer to forward the person in custody to the Magistrate’s Court.
Summary
- A Police Officer who is in charge of a station, or a superior officer, can require a person to make a formal written promise to appear in court, which is called a recognizance.
- This requirement can only be applied to someone who is acting as a prosecutor or as a witness.
- The person must promise to appear before a Magistrate who is currently investigating, or is about to investigate, a grave charge.
- If the prosecutor or witness refuses to sign this promise, the officer has the power to send them in custody to the Magistrate's Court.
Practical examples
FAQ
1. Can any regular street police officer force me to make this promise?
No, only a Police Officer in charge of a Station or a superior officer can bind someone this way.
2. Does this apply to witnesses of all types of crimes?
It applies specifically when a Magistrate is investigating or is about to investigate a grave charge.
3. What happens if I completely refuse to sign the promise to appear?
The police officer can place you in custody and send you directly to the Magistrate's Court.
Test yourself
Q1.Under Section 25 of The Madras District Police Act, 1859, who is explicitly granted the authority to bind a person by recognizance to appear before a Magistrate?
Q2.Under Section 25 of The Madras District Police Act, 1859, which roles can a person be bound to fulfill when appearing before the Magistrate?
Q3.Under Section 25 of The Madras District Police Act, 1859, what specific type of case must the Magistrate be investigating for a police officer to use this power?
Q4.Under Section 25 of The Madras District Police Act, 1859, what is the direct consequence if a witness refuses to execute the required recognizance?