Dear Querist

Read the section160. Police Officer’s power to require attendance of witnesses.

(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.

powers under Section 160 Cr.P.C are necessary for the police for proper and effective investigation of a crime. A police officer who receives information that a person may be acquainted with the facts of the case can issue notice under Section 160 Cr.P.C to call such person and interrogate him. No specific guidelines are required for issuing such notice as issuance of such notice would not in any way infringes the W.P. (Crl.) No.1422/08 & 152/2010 Page 3 Of 7 personal liberty of any person. Chapter IV of Cr.P.C casts a duty on the public person to provide necessary help to Magistrate and police as and when demanded regarding information about commission of a crime and help apprehending the criminals. A duty has been cast upon the public to give information of certain offences as mentioned in Section 39 Cr. P.C. Section 41 of Cr.P.Cgives power to police not only to arrest a person, without warrants, if he has been involved in a cognizable offence or against whom credible information has been received of his having been involved in an offence.

The cord registered and notices under Section 160 Cr.P.C were issued to the petitioners and the petitioners made this writ petition. 9. The petitioners have already obtained a copy of complaint by using provisions of RTI Act. It is not obligatory on the part of the police to furnish a copy of FIR/complaint to the accused. Section 154(2) puts an obligation on police to furnish a copy of FIR/complaint to the complainant and not to the accused. Police has got every right to issue noticeunder Section 160 Cr.P.C and notice under Section 160 cannot be quashed by a Court. Notice under Sections 160 Cr.P.C is a step in furtherance of investigation and the court cannot interfere into investigation. If the petitioners were apprehending arrest on account of their alleged involvement, the appropriate course available for the W.P. (Crl.) No.1422/08 & 152/2010 Page 6 Of 7 petitioner was to apply for bail and not to approach this Court for quashing the notices underSection 160 Cr.P.C. As far as allegations of surveillance by taping the phones of petitioners are concerned, no material has been placed on record.

As per this section, any police officer can call any male above 15 years and less than 65 of age can be called by a police officer for interrogation in connection with a case,

Men of below 15 years and above 65 years and also women shall have to be interrogated at the place where they reside,

Below is an extract of judgement/order of the Hon'ble High Court of Delhi in Criminal Writ Petition titled Satish Mohan Agarwal versus UOI & Ors-

"3. Section 160 is falls in Part-XII of Cr.P.C which deals with information to the police and their powers to investigate. Under section 154 Cr.P.C whenever an information regarding commission of a cognizable offence is given either orally or in writing to officer in charge of a police station, the same is to be reduced into writing by him or under his directions and entered into a book to be kept for this purpose at the police station. This record of information is called the first information report and once an information is recorded, Section 156 Cr.P.C obliges and casts a duty upon the officer in charge of the police station either to personally investigate the cognizable offence disclosed to have been committed as per the information or to assign this investigation to a police officer working under him. Section 157 Cr.P.C obliges the incharge of police station (SHO) to send a copy of this information forthwith to the area magistrate as well and to proceed with the investigation personally or send some person for this purpose. Section 160 Cr.P.C empowers a police officer doing investigation under Chapter XII of Cr.P.C to require attendance before him of any person within the limits of his own police station or adjoining police station, who in his opinion appears to be acquainted with the facts and circumstances of the case. Thus, Section 160 Cr.P.C enables a police official to investigate the crime by calling such persons who have some kind of knowledge about the crime. Section 160 specifies that only a police official assigned with the investigation, can issue the notice only to any person. Thus power under Section 160 Cr.P.C of issuing notice is a power exercised in investigation of a crime and to know the facts and circumstances of the case from those who are acquainted with the facts and circumstances of the case. Notice under Section 160 Cr. P.C can be issued to any witness and even to a suspect, so as to know from him the facts and circumstances of the case so that an effective investigation can be done of the crime committed. Thus, there is no question of infringement of any right of a person much less fundamental right. It is settled law that the power of investigating of a crime is a statutory right of the police and the court cannot interfere into this right of the police.

4. The powers under Section 160 Cr.P.C are necessary for the police for proper and effective investigation of a crime. A police officer who receives information that a person may be acquainted with the facts of the case can issue notice under Section 160 Cr.P.C to call such person and interrogate him. No specific guidelines are required for issuing such notice as issuance of such notice would not in any way infringes the personal liberty of any person. Chapter IV of Cr.P.C casts a duty on the public person to provide necessary help to Magistrate and police as and when demanded regarding information about commission of a crime and help apprehending the criminals. A duty has been cast upon the public to give information of certain offences as mentioned in Section 39 Cr. P.C. Section 41 of Cr.P.C gives power to police not only to arrest a person, without warrants, if he has been involved in a cognizable offence or against whom credible information has been received of his having been involved in an offence. The Code of Criminal Procedure lays down different provisions as to how investigation is to be done. Section 160 Cr.P.C gives power to police officer to summon a person by issuing notice in writing. I find no illegality in this provision neither it encroaches upon any of the fundamental rights of a person nor give unbridled powers to police officials".

Hope this would suffice your purpose.

The provision of the section referred to above is reproduced below, what is your question?

160. Police Officer's power to require attendance of witnesses.- (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 fads 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 woman 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.

Please specify the query on which you want to know. Otherwise you can easily go through this section and try to find out the meaning

It is not so difficult.

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