Section 195 of BNSS, 2023 — Power to Summon Persons

Section 195 of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers a police officer proceeding under Section 194 to summon persons for the purpose of the inquiry into certain deaths, including suicide, accidental death and suspicious death.

The provision enables the police officer conducting the inquiry to obtain relevant information from persons acquainted with the facts of the case. At the same time, it protects certain vulnerable persons from being compelled to attend at a place other than their residence and preserves the protection against compelled self-incrimination.

Meaning of Power to Summon Persons

The power under Section 195 is a specific statutory power connected with an inquiry under Section 194.

A police officer proceeding under Section 194 may summon persons who can assist the inquiry by providing information about the facts and circumstances surrounding the death.

The purpose is not to conduct a trial or determine criminal guilt. The power is exercised to assist the inquiry into the apparent cause and circumstances of death.

Statutory Basis

Section 195 of BNSS, 2023

Section 195 consists of two sub-sections.

Sub-section (1) empowers the police officer proceeding under Section 194 to summon certain persons for the purpose of the inquiry and requires persons so summoned to attend and answer truthfully, subject to an important protection against self-incrimination.

Sub-section (2) provides that, where the facts do not disclose a cognizable offence to which Section 190 applies, such persons cannot be required by the police officer to attend a Magistrate’s Court.

Object and Purpose

Section 195 serves the following purposes:

• to enable the police officer conducting an inquiry under Section 194 to obtain relevant information;
• to secure the attendance of persons acquainted with the facts of the case;
• to assist in ascertaining the apparent cause and circumstances of death;
• to ensure truthful answers during the statutory inquiry;
• to protect persons from being compelled to answer self-incriminating questions; and
• to provide special safeguards regarding the place where certain persons may be required to attend.

The provision therefore balances the need for an effective inquiry with procedural safeguards for persons summoned by the police.

Essential Elements

1. The Police Officer Must Be Proceeding under Section 194

The power under Section 195 is available to a police officer proceeding under Section 194.

Section 194 concerns the police inquiry into specified deaths, including:

• suicide;
• death caused by another person;
• death caused by an animal;
• death caused by machinery;
• accidental death; and
• death occurring under circumstances raising a reasonable suspicion that another person has committed an offence.

Section 195 must therefore be read in connection with Section 194.

2. The Summons Must Be Made by an Order in Writing

The police officer may summon persons by an order in writing.

The requirement of a written order gives the exercise of the power a formal statutory basis. The person summoned should therefore be able to identify that the attendance is being required for the purpose of the inquiry under Section 194.

3. Persons Who May Be Summoned

The police officer may summon:

• two or more persons referred to in Section 194 for the purpose of the inquiry; and
• any other person who appears to be acquainted with the facts of the case.

The power is therefore not restricted only to the respectable inhabitants present during the inquiry. Any other person who appears to possess knowledge of the relevant facts may also be summoned.

4. The Person Must Be Acquainted with the Facts

The additional person summoned must appear to be acquainted with the facts of the case.

The power is connected with the purpose of the inquiry and cannot be understood as a general power to summon unrelated persons.

The information sought should relate to the facts and circumstances relevant to the inquiry under Section 194.

5. Duty to Attend

Every person validly summoned under Section 195 is bound to attend.

This duty arises from the statutory summons issued by the police officer conducting the inquiry.

However, the duty to attend is subject to the special safeguards regarding the place of attendance contained in the first proviso to Section 195(1).

6. Duty to Answer Truly

A person summoned under Section 195 is required to answer truly all questions.

This obligation is not absolute. The person cannot be compelled to answer questions where the answer would have a tendency to expose that person to:

• a criminal charge;
• a penalty; or
• forfeiture.

Thus, Section 195 combines the duty to provide truthful information with protection against compelled self-incrimination.

Protection Against Self-Incrimination

A significant safeguard under Section 195 is that a summoned person is not required to answer a question if the answer would have a tendency to expose that person to:

• a criminal charge;
• a penalty; or
• forfeiture.

The police officer may therefore seek relevant information during the inquiry, but the statutory power does not authorise the compulsion of answers having such self-incriminating consequences.

This protection is also consistent with the constitutional principle against compelled self-incrimination under Article 20(3) of the Constitution of India, where its requirements are attracted.

Protection Regarding the Place of Attendance

The first proviso to Section 195(1) gives special protection to certain persons.

The following persons cannot be required to attend at any place other than the place where they reside:

• a male person under fifteen years of age;
• a male person above sixty years of age;
• a woman;
• a mentally disabled person;
• a physically disabled person; and
• a person suffering from an acute illness.

The protection concerns the place at which attendance may be required.

Such persons cannot be compelled to attend another location merely because they have been summoned under Section 195.

Voluntary Attendance at a Police Station

The second proviso to Section 195(1) recognises that a protected person may nevertheless be willing to attend and answer questions at the police station.

Where such a person voluntarily wishes to attend and answer at the police station, the person may be permitted to do so.

The statutory protection therefore prevents compulsory attendance elsewhere but does not prevent voluntary attendance at a police station.

Limitation Regarding Attendance at a Magistrate’s Court

Section 195(2) provides an additional limitation.

Where the facts do not disclose a cognizable offence to which Section 190 applies, the persons referred to in Section 195 cannot be required by the police officer to attend a Magistrate’s Court.

This limitation is specifically connected with cases where the facts do not disclose the relevant cognizable offence.

Procedure under Section 195

The procedure may be understood as follows:

1. Inquiry under Section 194 Is in Progress

A police officer is proceeding under Section 194 in relation to a death covered by that provision.

2. Identification of Relevant Persons

The police officer identifies:

• persons referred to for the purpose of the inquiry; or
• any other person who appears to be acquainted with the facts of the case.

3. Written Order Is Issued

The police officer summons the relevant person by an order in writing.

4. Attendance of the Summoned Person

The person is bound to attend, subject to the statutory protection concerning the place of attendance.

Protected persons cannot be required to attend at a place other than their residence.

5. Examination Regarding Relevant Facts

The summoned person may be questioned regarding facts relevant to the inquiry.

The person is required to answer truthfully.

6. Protection Against Self-Incrimination

The person cannot be compelled to answer a question if the answer would tend to expose that person to a criminal charge, penalty or forfeiture.

7. Limitation Regarding Magistrate’s Court

If the facts do not disclose a cognizable offence to which Section 190 applies, the persons concerned cannot be required by the police officer to attend a Magistrate’s Court.

Powers of the Police Officer

The police officer proceeding under Section 194 has the power under Section 195 to:

• issue a written order summoning relevant persons;
• summon two or more persons referred to for the purpose of the inquiry;
• summon another person appearing to be acquainted with the facts of the case; and
• question summoned persons regarding relevant facts.

These powers are limited by the safeguards expressly provided in Section 195.

Duties and Responsibilities of Persons Summoned

A person validly summoned under Section 195 has the following statutory responsibilities:

• to attend in accordance with the summons;
• to comply with the lawful requirements concerning attendance, subject to the statutory protections;
• to answer truly the questions asked during the inquiry; and
• not to provide false information.

At the same time, the person retains the statutory protection against being compelled to answer questions tending to expose the person to a criminal charge, penalty or forfeiture.

Rights and Safeguards of Persons Summoned

Section 195 contains important procedural safeguards.

Right Not to Be Compelled to Answer Self-Incriminating Questions

A person cannot be compelled to answer a question whose answer would tend to expose that person to a criminal charge, penalty or forfeiture.

Protection for Certain Persons Regarding Place of Attendance

Women, specified minors and elderly persons, mentally or physically disabled persons, and persons with acute illness cannot be required to attend at a place other than where they reside.

Right to Voluntarily Attend a Police Station

A protected person who is willing to attend and answer questions at the police station may be permitted to do so.

Protection Against Unnecessary Requirement to Attend a Magistrate’s Court

Where the facts do not disclose a cognizable offence to which Section 190 applies, the police officer cannot require the persons concerned to attend a Magistrate’s Court.

Nature and Scope of Section 195

Section 195 is a limited procedural provision.

It does not confer a general and unrestricted power upon the police to summon any person for any purpose. Its operation is specifically connected with a police officer proceeding under Section 194.

Its principal function is to facilitate the inquiry into the apparent cause and circumstances of a death covered by Section 194.

The provision must therefore be distinguished from the general powers available to police officers during the investigation of cognizable offences.

Important Distinctions

Section 195 and Section 179

Section 195 deals specifically with the power to summon persons in connection with an inquiry under Section 194.

Section 179 deals with the police officer’s power to require the attendance of witnesses during an investigation.

The two provisions operate in different procedural contexts. Section 195 is connected with an inquiry into the cause and circumstances of specified deaths, whereas Section 179 operates in the context of police investigation.

Summoning a Person and Arresting a Person

A summons under Section 195 requires attendance for the purpose of the statutory inquiry.

It does not by itself amount to an arrest.

Arrest involves taking a person into custody in accordance with the legal provisions governing arrest. A person summoned under Section 195 does not become an arrested person merely because the person has been required to attend.

Duty to Answer Truly and Compelled Self-Incrimination

A person summoned under Section 195 is required to answer truly.

However, the person cannot be compelled to answer a question where the answer would tend to expose the person to a criminal charge, penalty or forfeiture.

Thus, the duty to answer is expressly subject to an important statutory limitation.

BNSS and CrPC

Section 195 of BNSS substantially corresponds to Section 175 of the Code of Criminal Procedure, 1973.

The basic framework continues under BNSS. A police officer conducting the relevant inquiry may summon persons acquainted with the facts, require their attendance and obtain truthful answers, subject to protection against compelled self-incrimination.

The safeguards concerning certain persons who cannot be required to attend at a place other than their residence also continue under the BNSS framework.

The provision should nevertheless be applied according to the language and scheme of Section 195 of BNSS, 2023.

Constitutional Connection

Article 20(3)

Article 20(3) provides protection against compelled self-incrimination. Section 195 also expressly protects a summoned person from being compelled to answer a question where the answer would tend to expose that person to a criminal charge, penalty or forfeiture.

The constitutional protection applies according to its own legal requirements, while Section 195 contains an express statutory safeguard during the inquiry.

Article 21

The exercise of police powers must conform to the procedure established by law and applicable constitutional safeguards relating to personal liberty and fair procedure.

Section 195 itself places limits on the exercise of the power by prescribing the purpose for which persons may be summoned and providing protections regarding self-incriminating answers and the place of attendance.

Example

A person dies in suspicious circumstances, and the police officer proceeds under Section 194 to inquire into the apparent cause of death.

During the inquiry, the officer finds that a neighbour may have seen the deceased shortly before death and may know relevant facts. The police officer may issue a written order under Section 195 requiring that person to attend and provide truthful answers regarding the relevant facts.

If the person is asked a question whose answer would tend to expose the person to a criminal charge, penalty or forfeiture, the person cannot be compelled to answer that question.

If the person is a woman, she cannot be required to attend at a place other than her residence. However, if she voluntarily wishes to attend and answer at the police station, she may be permitted to do so.

Important BNSS Provisions

• Section 194: Police to enquire and report on suicide, etc.
• Section 195: Power to summon persons during the inquiry under Section 194.
• Section 196: Inquiry by Magistrate into cause of death.
• Section 179: Police officer’s power to require attendance of witnesses during an investigation.
• Section 190: Cases to be sent to Magistrate when evidence is sufficient.

Topic at a Glance

• Topic: Power to summon persons.
• BNSS Provision: Section 195.
• Purpose: To enable a police officer proceeding under Section 194 to obtain information from persons acquainted with relevant facts.
• Form of Summons: Order in writing.
• Persons Who May Be Summoned: Persons referred to for the inquiry and other persons appearing to be acquainted with the facts.
• Duty of Summoned Person: To attend and answer truly.
• Major Safeguard: No person can be compelled to answer a question tending to expose that person to a criminal charge, penalty or forfeiture.
• Protected Persons: Certain minors, elderly persons, women, mentally or physically disabled persons and persons with acute illness cannot be required to attend elsewhere than their residence.
• Voluntary Attendance: A protected person may be permitted to attend a police station voluntarily.
• Magistrate’s Court Limitation: In the circumstances stated in Section 195(2), persons cannot be required by the police officer to attend a Magistrate’s Court.
• CrPC Comparison: Substantially corresponds to Section 175 of the CrPC.

Quick Revision

• Section 195 of BNSS deals with the power to summon persons.
• The power is exercised by a police officer proceeding under Section 194.
• The summons must be made by an order in writing.
• Persons acquainted with the facts of the case may be summoned.
• Every summoned person is generally bound to attend.
• A summoned person must answer questions truthfully.
• A person cannot be compelled to answer a self-incriminating question.
• The statutory protection extends to answers tending to expose the person to a criminal charge, penalty or forfeiture.
• Certain protected persons cannot be required to attend at a place other than their residence.
• Such persons may voluntarily attend and answer at a police station if willing.
• Section 195(2) limits the power to require attendance at a Magistrate’s Court where the facts do not disclose the cognizable offence referred to in that provision.
• Section 195 substantially corresponds to Section 175 of the CrPC.

ASLO READ: Section 194 – Police to enquire and report on suicide, etc.

Conclusion

Section 195 of BNSS, 2023 provides a specific power to summon persons during an inquiry into specified deaths under Section 194. The provision enables the police to obtain relevant factual information while imposing clear limits on the exercise of that power. Its safeguards against compelled self-incrimination and against requiring certain vulnerable persons to attend away from their residence ensure that the statutory inquiry is conducted within defined procedural and constitutional boundaries.