Section 195 of The Bharatiya Nagarik Suraksha Sanhita, 2023 in hindi
- (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.
Summary
- Police officers investigating under section 194 can issue written summons to individuals acquainted with the facts of the case.
- Summoned persons are legally obligated to attend and answer questions truthfully, unless the answers could expose them to criminal charges or penalties.
- Exempt individuals may voluntarily choose to attend the police station if they wish.
- If no cognizable offence under section 190 is disclosed, the police cannot force these individuals to attend a Magistrate's Court.
Practical examples
FAQ
1. Can I refuse to answer a question asked by the police during this investigation?
You are bound to answer truthfully, unless the answer would tend to expose you to a criminal charge, penalty, or forfeiture.
2. Am I required to go to the police station if I am over 60 years old?
No, persons over the age of sixty are not required to attend at any place other than where they reside, unless they voluntarily choose to go to the police station.
3. Does this section apply if the investigation does not involve a cognizable offence?
If the facts do not disclose a cognizable offence to which section 190 applies, the police cannot require you to attend a Magistrate's Court.
4. How must the police summon a person for an investigation under section 194?
The police officer must issue an order in writing to summon the person.
Test yourself
Q1.Under Section 195 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which individuals are generally exempt from being required to attend an investigation at any place other than their residence?
Q2.When a person is summoned under Section 195 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for an investigation under Section 194, they are bound to answer all questions truly EXCEPT those that:
Q3.Under Section 195 of the Bharatiya Nagarik Suraksha Sanhita, 2023, what is required for a police officer to summon a witness for a Section 194 investigation?
Q4.If the facts of a death investigation under Section 194 and Section 195 of the Bharatiya Nagarik Suraksha Sanhita, 2023 do not disclose a cognizable offence, what is the status of the summoned witnesses regarding court attendance?