Section 191 of BNSS, 2023 — Complainant and Witnesses Not to Be Required to Accompany Police Officer and Not to Be Subject to Restraint

Introduction

Section 191 of the Bharatiya Nagarik Suraksha Sanhita, 2023 protects complainants and witnesses from unnecessary restraint during the investigation of an offence. It ensures that a person who has provided information or is required as a witness is not treated like an accused merely because that person is involved in the investigation.

The provision recognises an important distinction between the role of the police in conducting an investigation and the personal liberty of persons assisting that investigation. A complainant or witness may be required to cooperate with lawful investigative proceedings, but such cooperation does not authorise the police to subject that person to unnecessary restraint.

Section 191 substantially continues the principle contained in Section 171 of the Code of Criminal Procedure, 1973.

Meaning of Section 191

Section 191 provides that no complainant or witness who is accompanying a police officer shall be required to accompany the officer and shall not be subjected to unnecessary restraint or inconvenience.

The provision protects persons who participate in or assist a police investigation from being compelled to accompany the police officer without legal justification.

It also protects them against unnecessary restraint or inconvenience while they are involved in the investigative process.

The expression does not prevent the police from lawfully requiring the attendance or cooperation of a person where BNSS authorises such action. The provision instead prevents complainants and witnesses from being subjected to treatment that exceeds the lawful requirements of investigation.

Statutory Basis

The statutory basis is Section 191 of BNSS, 2023.

Section 191 forms part of the provisions dealing with police investigation.

The provision is closely connected with the broader statutory framework concerning the examination of witnesses and the powers of police officers during investigation.

Where a person is lawfully required to attend or provide information during an investigation, the relevant provisions governing such attendance must be followed. Section 191 protects the person from being unnecessarily compelled to accompany a police officer or subjected to unnecessary restraint or inconvenience.

Object and Purpose

Section 191 serves the following purposes:

• To protect the personal liberty of complainants and witnesses.
• To prevent complainants and witnesses from being treated as accused persons.
• To ensure that police investigation is conducted without unnecessary restraint or inconvenience to persons assisting the investigation.
• To prevent misuse of police authority.
• To preserve the voluntary and lawful character of cooperation by witnesses and complainants.
• To maintain procedural fairness during investigation.

The provision reflects the principle that a criminal investigation may require cooperation from members of the public, but that cooperation must take place within the limits prescribed by law.

Nature of Section 191

Section 191 is a procedural safeguard.

It regulates the manner in which complainants and witnesses may be treated by police officers during investigation.

The provision is directed against unnecessary compulsion, restraint and inconvenience. It does not grant complainants or witnesses complete immunity from lawful investigative requirements.

Where BNSS permits the police to require attendance, obtain information or examine a witness, those powers remain subject to their statutory conditions. Section 191 ensures that such powers are not exercised in a manner that unnecessarily interferes with personal liberty.

Scope of Section 191

Section 191 applies to:

• A complainant involved in the investigation.
• A person acting as a witness in connection with the investigation.
• Situations in which such a person is accompanying or dealing with a police officer in the course of the investigation.

The protection applies to unnecessary restraint and inconvenience.

The provision must be understood in the context of lawful police powers. It does not prohibit every form of direction or requirement issued by a police officer. The relevant question is whether the person is being subjected to compulsion, restraint or inconvenience beyond what the law permits.

Essential Elements

1. The Person Must Be a Complainant or Witness

The protection under Section 191 is specifically directed towards complainants and witnesses.

A complainant is a person who has made a complaint or provided information in relation to an alleged offence in the relevant legal context.

A witness is a person whose information, knowledge or evidence is relevant to the investigation.

The provision does not apply merely because a person has some connection with the case. The person’s position as a complainant or witness must be relevant to the operation of the section.

2. The Matter Must Arise During Police Investigation

Section 191 operates in the context of police investigation.

Its purpose is to regulate the treatment of complainants and witnesses while the police are carrying out investigative functions.

The provision must therefore be read together with the other BNSS provisions governing investigation and examination of persons by police.

3. The Person Cannot Be Unnecessarily Required to Accompany the Police Officer

A complainant or witness cannot be compelled to accompany a police officer merely because the officer wishes the person to remain available or because the person has information relevant to the investigation.

Where the law provides a lawful mechanism for securing a person’s attendance, the police must act within that mechanism.

Section 191 prevents unnecessary physical compulsion to accompany a police officer.

4. The Person Must Not Be Subjected to Unnecessary Restraint

A complainant or witness cannot be subjected to unnecessary restraint.

The protection is particularly significant because a witness or complainant is not, merely by reason of participation in the investigation, an accused person.

Any interference with personal liberty must have a lawful basis.

5. The Person Must Not Be Subjected to Unnecessary Inconvenience

Section 191 also protects against unnecessary inconvenience.

Police investigation may sometimes require a person to provide information, attend for examination or assist with a lawful investigative process. However, the inconvenience caused must remain within the legitimate requirements of the law.

The provision therefore requires police powers to be exercised in a manner consistent with procedural fairness and personal liberty.

Procedure and Practical Operation

1. Information Is Received or a Witness Is Identified

During the investigation, the police may interact with a complainant or identify a person who possesses information relevant to the case.

2. Lawful Cooperation May Be Required

Where BNSS authorises the police to seek information or require attendance, the applicable statutory procedure must be followed.

The complainant or witness may be required to cooperate with a lawful investigation.

3. Unnecessary Compulsion Must Be Avoided

The police cannot use the investigative process as a reason to unnecessarily compel the person to accompany an officer.

Any requirement imposed must have a legal basis and must be exercised according to the applicable procedure.

4. Unnecessary Restraint or Inconvenience Is Prohibited

The complainant or witness must not be subjected to unnecessary restraint or inconvenience while cooperating with the investigation.

5. Investigation Continues According to Law

The police may continue the investigation using the powers available under BNSS, subject to statutory safeguards and constitutional protections.

Duties of Police Officers

Police officers conducting an investigation must respect the statutory status and personal liberty of complainants and witnesses.

Their responsibilities include:

• Using lawful procedures when the attendance of a person is required.
• Avoiding unnecessary physical compulsion.
• Not subjecting complainants or witnesses to unnecessary restraint.
• Avoiding unnecessary inconvenience during investigative processes.
• Distinguishing between the treatment legally permissible in relation to an accused and the treatment of a complainant or witness.
• Exercising investigative powers only within the limits prescribed by BNSS.

Section 191 therefore operates as a limitation on the manner in which investigative authority may be exercised.

Rights of Complainants and Witnesses

Right Against Unnecessary Restraint

A complainant or witness cannot be subjected to unnecessary restraint merely because the police require information or assistance.

Protection Against Unnecessary Compulsion

The person cannot be unnecessarily compelled to accompany a police officer.

Lawful requirements under other provisions of BNSS must, however, be complied with where applicable.

Protection Against Unnecessary Inconvenience

The investigative process must not impose avoidable inconvenience upon complainants and witnesses beyond what is lawfully necessary.

Protection of Personal Liberty

Section 191 operates alongside the broader constitutional protection of personal liberty.

The police must exercise their powers according to the procedure established by law and cannot arbitrarily interfere with the liberty of a complainant or witness.

Important Distinctions

Complainant or Witness and Accused

A complainant or witness assists or participates in the investigation and is not, merely because of that role, an accused person.

An accused is a person against whom an allegation of criminal involvement is being investigated or against whom criminal proceedings may be taken.

Section 191 is important because it prevents complainants and witnesses from being subjected to restrictions merely because they are connected with an investigation.

Lawful Requirement of Attendance and Compulsory Accompaniment

BNSS may authorise the police to require the attendance of certain persons in accordance with the statutory procedure.

Such lawful attendance must be distinguished from unnecessarily compelling a complainant or witness to physically accompany a police officer.

The existence of a police investigation does not itself create unlimited authority to restrict a person’s movement.

Restraint and Inconvenience

Restraint involves an interference with a person’s physical liberty or freedom of movement.

Inconvenience is broader and may involve unnecessary burden or disruption caused to a complainant or witness during the investigative process.

Section 191 protects against unnecessary forms of both.

BNSS and CrPC

Section 191 of BNSS substantially corresponds to Section 171 of the Code of Criminal Procedure, 1973.

The basic principle continues that a complainant or witness who is assisting the police should not be unnecessarily required to accompany a police officer and should not be subjected to unnecessary restraint or inconvenience.

The corresponding provision under the current criminal procedure framework is Section 191 of BNSS, 2023.

Students should therefore distinguish the present BNSS section number from the earlier CrPC section number.

Constitutional Connection

Article 21

Section 191 has a direct connection with Article 21 of the Constitution of India, which protects life and personal liberty except according to procedure established by law.

A complainant or witness cannot be subjected to arbitrary restrictions on liberty in the name of police investigation.

Article 14

The exercise of police powers must not be arbitrary. Section 191 supports the broader requirement that statutory authority be exercised fairly and according to law.

Article 22

Where a person’s liberty is affected through arrest or detention, the constitutional safeguards relating to arrest and detention become relevant.

A complainant or witness cannot be treated as an arrested person without a lawful basis.

Relationship with BNS and BSA

The Bharatiya Nyaya Sanhita, 2023 defines criminal offences and prescribes punishments.

The Bharatiya Nagarik Suraksha Sanhita, 2023 governs the procedure for investigating offences and conducting criminal proceedings.

The Bharatiya Sakshya Adhiniyam, 2023 governs the law relating to evidence.

Section 191 belongs to the procedural framework of BNSS. It regulates how complainants and witnesses are treated during police investigation.

The relevance or admissibility of a witness’s evidence is governed by the applicable law of evidence, while the procedural powers exercised during investigation are governed by BNSS.

Common Confusions

Can a witness be arrested merely because the police want information from the witness?

No.

A witness cannot be arrested merely because the police wish to obtain information. Arrest requires a lawful basis under the applicable provisions of criminal law and procedure.

Section 191 specifically protects complainants and witnesses from unnecessary restraint in the course of investigation.

Does Section 191 mean that a witness never has to cooperate with the police?

No.

Section 191 does not eliminate lawful duties to cooperate with an investigation. Where BNSS lawfully requires attendance, information or assistance, the applicable statutory procedure must be followed.

The section protects against unnecessary compulsion, restraint and inconvenience.

Can the police treat a complainant like an accused?

No.

A complainant does not become an accused merely by making a complaint or participating in an investigation.

Any restriction on the person’s liberty must have an independent legal basis.

Does every inconvenience caused during an investigation violate Section 191?

No.

The provision is directed against unnecessary inconvenience. Some inconvenience may arise from legitimate and lawful investigative requirements.

The legality of the police action depends upon the statutory authority for the action and the circumstances in which it is exercised.

Example

A person gives information to the police about an alleged offence and is later asked to provide further details during the investigation. The police may take lawful steps to obtain the person’s cooperation in accordance with BNSS.

However, the person cannot be unnecessarily forced to travel with a police officer, kept under unnecessary restraint or subjected to avoidable inconvenience merely because the person is the complainant or a witness.

The person must be treated according to the applicable legal procedure and cannot be treated as an accused without a lawful basis.

Topic at a Glance

• Topic: Protection of complainants and witnesses during police investigation.
• BNSS Provision: Section 191.
• Core Rule: A complainant or witness must not be unnecessarily required to accompany a police officer.
• Further Protection: The person must not be subjected to unnecessary restraint or inconvenience.
• Stage: Police investigation.
• Purpose: Protection of personal liberty and prevention of misuse of investigative authority.
• Not an Immunity from Lawful Procedure: Complainants and witnesses must comply with lawful requirements imposed under BNSS.
• CrPC Correspondence: Section 171 of the Code of Criminal Procedure, 1973.
• Constitutional Connection: Articles 14, 21 and 22, where applicable.

Quick Revision

• Section 191 of BNSS protects complainants and witnesses during police investigation.
• A complainant or witness cannot be unnecessarily required to accompany a police officer.
• The person must not be subjected to unnecessary restraint.
• The person must not be subjected to unnecessary inconvenience.
• Section 191 does not prevent lawful investigative procedures.
• Police powers must be exercised according to the statutory framework.
• A complainant or witness must not be treated as an accused merely because the person is involved in the investigation.
• Section 191 substantially corresponds to Section 171 of the CrPC.
• The provision supports constitutional protections relating to personal liberty and non-arbitrary exercise of state power.
• The section must be read with the broader BNSS provisions governing police investigation and examination of persons.

ALSO READ: Section 190 – Cases to be sent to Magistrate, when evidence is sufficient

Conclusion

Section 191 of BNSS, 2023 places an important limit on the exercise of police powers during investigation by protecting complainants and witnesses from unnecessary compulsion, restraint and inconvenience. The provision recognises that effective investigation may require public cooperation but ensures that such cooperation does not become a basis for arbitrary interference with personal liberty. It therefore reinforces the distinction between lawful investigative requirements and unjustified restrictions on persons who are assisting the criminal justice process.