Section 179 of BNSS, 2023 — Police Officer’s Power to Require Attendance of Witnesses

Introduction

Section 179 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the power of a police officer conducting an investigation to require the attendance of persons who appear to be acquainted with the facts and circumstances of the case.

The provision is an important part of police investigation because an investigating officer often needs to speak to persons who may have witnessed the incident, possess relevant information, or otherwise know facts connected with the case.

However, this power is not unlimited. Section 179 prescribes the manner in which attendance may be required and provides special protection to certain categories of persons, including women, persons below fifteen or above sixty years of age, mentally or physically disabled persons, and persons suffering from acute illness.

Meaning of Section 179

Section 179 authorises a police officer who is making an investigation to require, by an order in writing, the attendance of a person who:

• is within the limits of the police officer’s own police station or an adjoining police station; and
• appears to be acquainted with the facts and circumstances of the case.

The person so required is ordinarily bound to attend as directed.

The provision is therefore essentially a mechanism for securing the presence of potential witnesses or other persons having relevant knowledge during investigation.

Statutory Basis

Section 179 contains two important components:

Section 179(1) deals with the police officer’s power to require attendance and the safeguards relating to certain categories of persons.

Section 179(2) permits the State Government to make rules regarding payment of reasonable expenses to persons who attend at a place other than their residence.

Section 179 is followed by Section 180, which deals with the examination of witnesses by police. The two provisions should therefore be studied together.

Object and Purpose

The purpose of Section 179 is to facilitate the collection of information during investigation.

A police investigation may require the investigating officer to contact:

• eyewitnesses;
• persons who heard relevant conversations;
• persons who possess information about the accused or victim;
• persons who know the circumstances surrounding the offence; or
• other persons who appear to be acquainted with relevant facts.

At the same time, the provision recognises that compelling certain vulnerable persons to attend a police station or another location may cause unnecessary hardship. The special provisos therefore protect particular categories of persons by requiring their attendance to take place at their place of residence, subject to the statutory exception where they are willing to attend the police station.

Essential Elements

1. There Must Be an Investigation

The power under Section 179 is available to a police officer making an investigation under the relevant Chapter.

Therefore, the provision operates in the context of an actual police investigation.

It is not a general power permitting a police officer to compel the attendance of any person for any purpose.

2. Attendance Must Be Required by Written Order

The police officer must require attendance by an order in writing.

This is an important procedural safeguard.

A mere informal oral request does not satisfy the express requirement of Section 179 where the officer is exercising the statutory power to require attendance.

3. Person Must Be Acquainted with the Facts

The person must appear, from the information received or otherwise, to be acquainted with the facts and circumstances of the case.

The provision therefore covers more than persons who personally witnessed the offence.

A person may possess relevant information even without having directly witnessed the incident.

4. Territorial Requirement

The person whose attendance is required must be within the limits of the police officer’s own police station or an adjoining police station.

Thus, Section 179 does not give an unrestricted territorial power to compel attendance from anywhere in the country.

5. Attendance Before the Police Officer

The ordinary rule is that the person is required to attend before the investigating police officer as directed.

However, special rules apply to protected categories of persons under the first proviso.

Special Protection Under the First Proviso

Section 179 contains an important protection for certain persons.

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

1. Male Person Below Fifteen Years

A male person who is under fifteen years of age cannot be required to attend at a place other than his residence.

2. Male Person Above Sixty Years

A male person who is above sixty years of age also receives this protection.

The statutory wording therefore uses sixty years, not sixty-five years.

3. Woman

A woman cannot be required to attend at any place other than the place where she resides.

This is an important protection because it prevents the police from ordinarily compelling a woman to travel to the police station merely for the purpose of attendance under Section 179.

4. Mentally or Physically Disabled Person

A person who is mentally or physically disabled is also protected from being required to attend at a place other than the person’s residence.

5. Person with Acute Illness

BNSS expressly includes a person suffering from acute illness within the protected category.

This is an important point under the BNSS framework.

Second Proviso — Voluntary Attendance

The second proviso provides an important qualification.

If a person covered by the first proviso is willing to attend at the police station, the person may be permitted to do so.

Therefore, the protection is against compelled attendance at a place other than the person’s residence. It does not prevent the person from voluntarily attending the police station.

For example, if a woman is asked to provide information during an investigation, she ordinarily cannot be compelled to attend the police station and may instead be examined at her residence. However, if she herself is willing to attend the police station, she may be permitted to do so.

Procedure Under Section 179

The operation of the provision can be understood step by step:

Step 1: Investigation is underway

A police officer is conducting an investigation.

Step 2: Relevant person is identified

The officer receives information or otherwise determines that a particular person appears to be acquainted with the facts and circumstances of the case.

Step 3: Written order is issued

The officer issues a written order requiring attendance.

Step 4: Territorial requirement is considered

The person must be within the limits of the officer’s own or an adjoining police station.

Step 5: Special protection is checked

If the person is a woman, a male person below fifteen or above sixty, a mentally or physically disabled person, or a person with acute illness, the officer cannot require attendance at a place other than the person’s residence.

Step 6: Voluntary attendance

If such a protected person is willing to attend the police station, the person may be permitted to do so.

Step 7: Examination

Once attendance is secured, the examination of the person during investigation is governed by Section 180 BNSS.

Powers and Duties of the Police Officer

The investigating officer has the power to require attendance, but the power must be exercised within the statutory limits.

The officer must:

• be conducting an investigation;
• have a reasonable basis to consider the person acquainted with relevant facts;
• issue a written order;
• comply with the territorial limitation; and
• respect the special protection given to the categories mentioned in the first proviso.

The power is therefore investigative rather than punitive.

Rights and Protection of Witnesses

Section 179 provides a significant procedural protection to persons who may be required to assist a police investigation.

The central protection is that certain persons should ordinarily be examined at their place of residence rather than being compelled to attend elsewhere.

This reduces the physical and practical burden of participation in criminal investigation.

It is particularly relevant for:

• women;
• children below fifteen;
• elderly men above sixty;
• persons with mental or physical disabilities; and
• persons suffering from acute illness.

Payment of Expenses

Section 179(2) provides that the State Government may make rules regarding payment by the police officer of the reasonable expenses incurred by persons who attend under Section 179 at a place other than their residence.

This is not an automatic payment fixed directly by Section 179 itself.

The provision authorises the State Government to establish the applicable system through rules.

Therefore, the important distinction is:

Section 179(2) creates the authority to make rules regarding reasonable expenses; the actual entitlement and procedure depend upon the rules made by the State Government.

Section 179 and Section 180

These two provisions are closely connected but deal with different stages.

Section 179 — Attendance

Section 179 concerns the power to require a person’s attendance during investigation.

Section 180 — Examination

Section 180 concerns the oral examination of a person who is supposed to be acquainted with the facts and circumstances of the case.

Therefore, Section 179 deals primarily with bringing the relevant person before the investigating officer, while Section 180 deals with questioning or examining that person.

Important Distinctions

Attendance vs Examination

Attendance means requiring the person to appear before the investigating officer.

Examination involves questioning the person about the facts and circumstances of the case.

Section 179 deals with attendance, while Section 180 deals with examination.

Written Order vs Oral Request

Section 179 expressly requires the police officer to use an order in writing when exercising the statutory power to require attendance.

An informal request should not be confused with the exercise of the statutory power under the section.

Compulsory Attendance vs Voluntary Attendance

The first proviso protects specified categories from being compelled to attend anywhere other than their residence.

The second proviso allows such a person to attend the police station voluntarily if the person is willing and is permitted to do so.

Section 179 and CrPC

Section 179 BNSS substantially corresponds to Section 160 of the Code of Criminal Procedure, 1973.

The basic investigative power has been retained: the police may require relevant persons within the prescribed territorial limits to attend for investigation.

However, BNSS makes an important modification in the protection available to certain persons.

The first proviso expressly includes a person with acute illness among those who cannot be required to attend at a place other than their residence.

Thus, when comparing the two provisions, the core mechanism remains substantially the same, but BNSS expands the express statutory protection concerning attendance.

Case Law

Nandini Satpathy v. P.L. Dani

The Supreme Court considered the relationship between police examination during investigation and the constitutional protection against self-incrimination.

The Court emphasised that a person questioned during police investigation is not stripped of constitutional protection merely because the police are conducting an investigation.

The decision is particularly relevant when Section 179 is read together with Section 180. The power to require attendance does not mean that the police can compel a person to answer questions where the law protects the person from being compelled to incriminate himself or herself.

State of Uttar Pradesh v. Deoman Upadhyaya

The Supreme Court discussed the distinction between the investigative process and the evidentiary use of statements made during police investigation.

The case is relevant to understanding the broader statutory scheme governing examination of persons by police, although it was decided under the CrPC framework.

CrPC decisions concerning Section 160 should be applied to Section 179 BNSS with care where the BNSS provision has introduced changes.

Constitutional Connection

Section 179 must operate consistently with constitutional protections, particularly Article 20(3) and Article 21.

Article 20(3) protects an accused person against being compelled to be a witness against himself or herself. The power to require attendance under Section 179 cannot be understood as an unrestricted power to compel self-incriminating answers.

Article 21 is also relevant because compulsory participation in a criminal investigation affects personal liberty and must therefore operate according to a fair and lawful procedure.

The detailed rules governing what a person may be required to answer during examination are dealt with particularly by Section 180 and the applicable law concerning statements to police.

Common Confusions

Can the police require any person to come to the police station?

No.

The person must appear to be acquainted with the facts and circumstances of the case, and the statutory territorial and procedural requirements must be satisfied.

Further, special protection applies to certain categories of persons.

Can a woman be compelled to attend the police station under Section 179?

Ordinarily, no.

A woman cannot be required to attend at any place other than her place of residence.

However, if she is willing to attend the police station, she may be permitted to do so.

Does Section 179 apply only to eyewitnesses?

No.

The person need only appear to be acquainted with the facts and circumstances of the case. The person need not necessarily have personally witnessed the offence.

Can a person with acute illness be compelled to go to the police station?

No.

A person with acute illness falls within the protected category and cannot be required to attend at a place other than the person’s residence.

Does requiring attendance mean the police can automatically arrest the person?

No.

Section 179 deals with requiring attendance for investigation. It does not itself create a general power of arrest.

Is a written order necessary?

Yes.

The statutory power under Section 179 is exercised through an order in writing.

Example

A burglary takes place in a locality. During investigation, the police learn that a neighbour saw the accused near the premises immediately before the incident.

The neighbour is within the limits of the investigating officer’s police station. If the officer considers the neighbour to be acquainted with the facts of the case, the officer may issue a written order requiring the neighbour’s attendance.

Now suppose the relevant person is a woman. She cannot ordinarily be compelled to travel to the police station for this purpose. The police must respect the statutory protection and require attendance at her residence. If she voluntarily wishes to attend the police station, she may be permitted to do so.

Important BNSS Provisions

• Section 176 — Procedure for investigation.
• Section 179 — Police officer’s power to require attendance of witnesses.
• Section 180 — Examination of witnesses by police.
• Section 181 — Statements to police and use thereof.
• Section 182 — No inducement to be offered.

Topic at a Glance

• Section: 179, BNSS
• Subject: Police officer’s power to require attendance of witnesses.
• Corresponding CrPC provision: Section 160.
• Authority: Police officer making an investigation.
• Form: Attendance must be required by a written order.
• Eligible persons: Persons who appear to be acquainted with the facts and circumstances of the case.
• Territorial requirement: Person must be within the limits of the officer’s own or an adjoining police station.
• Protected persons: Male persons below fifteen or above sixty, women, mentally or physically disabled persons, and persons with acute illness.
• Place of attendance for protected persons: Their place of residence.
• Voluntary attendance: A protected person willing to attend the police station may be permitted to do so.
• Expenses: State Government may make rules for reasonable expenses.
• Related provision: Section 180 deals with examination by police.
• Key BNSS change: Express protection for a person with acute illness.

Quick Revision

• Section 179 BNSS deals with the attendance of witnesses or other relevant persons during police investigation.
• The police officer must issue a written order.
• The person must appear to be acquainted with the facts and circumstances of the case.
• The person must be within the limits of the officer’s own or an adjoining police station.
• A male person below fifteen years or above sixty years, a woman, a mentally or physically disabled person, or a person with acute illness cannot be required to attend anywhere other than the person’s residence.
• A protected person who is willing to attend the police station may be permitted to do so.
• The State Government may provide for payment of reasonable expenses through rules.
• Section 179 corresponds substantially to Section 160 CrPC.
• BNSS expressly adds acute illness to the protected categories.
• Section 179 concerns attendance; Section 180 concerns examination.
• Section 179 does not itself give the police a general power of arrest.
• The provision must operate consistently with constitutional safeguards, including protection against compelled self-incrimination.

ALSO READ: Section 182 – No inducement to be offered

Conclusion

Section 179 provides the investigating police officer with a necessary mechanism for securing the attendance of persons who may possess relevant information. At the same time, it places clear limits on how this power can be exercised.

The most significant safeguards concern the place of attendance for women, young persons, elderly men, persons with disabilities and persons suffering from acute illness. The requirement of a written order further formalises the exercise of police power.

For examination purposes, the central distinction to remember is that Section 179 concerns requiring attendance, while Section 180 governs examination by the police. The BNSS largely retains the framework of Section 160 CrPC but expressly extends the residential protection to persons suffering from acute illness.