What is Section 160 of CRPC?
Section 160 of the Code of Criminal Procedure, 1973 confers powers on the police to issue summons to persons acquainted with facts and circumstances of a case under investigation. It enables the police officer to order such persons to attend the police station for recording of statements that may aid the investigation.
Under this provision, the police officer conducting an investigation can summon both witnesses and other persons acquainted with a case through oral or written order. They are legally bound to attend the police station as required for examination. Failure to attend can lead to legal action against them.
Purpose and Background of Section 160
Section 160 facilitates effective investigation during the pre-trial stage by enabling examination of persons connected with a case. Statements recorded under Section 160 help reveal facts and collect evidence for further inquiry.
This provision has its roots in the erstwhile Section 62 of Criminal Procedure Code, 1898 which similarly outlined compulsory attendance before police to aid investigation. Section 160 CrPC retains this enabling provision for police with suitable modifications concerning rights of witnesses.
Essentials of Section 160
The key essentials of Section 160 include:
- Applies to investigation stage before commencement of trial
- Empowers only the police officer conducting probe
- Covers both witnesses and persons acquainted with facts
- Mandates legal obligation to comply with summons
- Non-compliance attracts legal action
Thus, Section 160 confers significant powers on police officer to require attendance for examination but also seeks witnesses’ participation for investigation efficacy.
Key Provisions Under Section 160
- Power of police officer to require attendance of witnesses: Section 160 empowers the investigating police officer to issue summons to persons acquainted with facts and circumstances of a case under probe, directing them to attend the police station for recording of statements. Both witnesses and non-witnesses can be summoned if they have information that may reveal facts to aid investigation.
- Duty of person required to attend: A person summoned by police under Section 160 is legally bound to attend the police station as required by summons. Non-compliance without sufficient cause can attract penal action under Section 174 IPC for disobeying a legal order.
- Mode of summoning witness – Orally, written order etc.: Police can summon witnesses through oral order or written notice under this section. Courts have outlined procedures and formats to prevent misuse. Guidelines require specifying the case details, date/place of appearance and identity of concerned investigation officer among other details in the summons.
- Examination of witness by police – Place, timing, rights of witness: Statements are recorded at the police station or place fixed by officer. Though rights against self- incrimination, legal aid etc. apply only during trial stage, examining police must clarify that the person is not an accused and ensure no intimidation or harassment occurs during examination.
- Non-attendance consequences – Action against failure to attend: If the person summoned does not appear without sufficient justification, they can face prosecution for the punishable offence u/s 174 IPC, besides coercive action like arrest warrant and attachment of property.
Purpose and Objective of Section 160
The key purpose is to enable police ascertain full facts and collect all relevant evidence during investigation. By examining acquainted persons, Section 160 facilitates reconstruction of events, sequence and circumstances to unravel the truth and identify offenders.
Scope and Applicability of Section 160
Can police issue summons to suspect?
Yes, police can summon a suspect under S. 160 to understand links and involvement. But self-incriminatory statements recorded are inadmissible as evidence during trial. Safeguards like legal aid also don’t apply at investigation stage.
Can witness refuse attendance?
No justification generally exists for refusing attendance when summoned by a lawful authority like police under Section 160. However, reasons like health conditions, family emergencies etc may warrant non-attendance if duly conveyed. Employer’s NOC is also a ground when staff cannot obtain leave.
Important Judicial Interpretations
Supreme Court and High Courts have issued various guidelines concerning procedures and compliance under Section 160 while acting against misuse. Key interpretations relate to specifying identity of investigation officer, date/place for appearance, details of accusations etc in the summons through written orders. Overall, the focus has been to prevent harassment and enable efficacious investigation.
Guidelines for Issuing Summons
Guidelines framed mandate issuing summons in writing clearly providing details of concerned investigation officer, date/place for attendance, case specifics and identity of complainant/victim among others, signed by the officer, keeping relevant station records and taking disciplinary action for violations.
Issues and Challenges
Key issues include vague terminology allowing pretext for frequent summons, lack of awareness
among those summoned, practical difficulties in securing attendance, instances of intimidation and harassment. Concerns on misuse to compel attendance multiple times, especially for vulnerable sections lacking means, have also been raised.
Frequently Asked Questions
Can woman be summoned at police station?
Yes, but guidelines mandate presence of woman constables and conducting examination at residence if needed to prevent inconvenience or harassment.
Can notice be issued before FIR registration?
No, power under Section 160 is contingent on investigation of a case recorded in FIR. Any summons without a cognizable case registered is invalid.
Difference between Section 160 and Section 41A?
While Section 160 relates to examination of acquainted persons to aid investigation, Section 41A provides opportunity for alleged accused to join probe before arrest in specified cases through appearance notice.
