CrPC Section 171
Section 171 of the Criminal Procedure Code (CrPC), 1973
Complainant and Witness Not to Be Required to Accompany Police Officer and Not to Be Subject to Restraint
Bare Text of Section 171:
"No complainant or witness on his way to the Court shall be required to accompany a police officer, or shall be subjected to unnecessary restraint or inconvenience, or required to give any security for his appearance other than his own bond:
Provided that if any complainant or witness refuses to attend or to execute a bond as directed in Section 170, the officer may forward him in custody to the Magistrate."
Detailed Explanation:
1. Purpose of Section 171:
Section 171 protects the rights and dignity of complainants and witnesses during criminal proceedings.
It ensures that they are not treated like accused persons, and are not harassed or inconvenienced by law enforcement unnecessarily.
2. Key Protections Under This Section:
| Protection Type | Description |
|---|---|
| Freedom of Movement | Complainants or witnesses cannot be forced to accompany a police officer to court. |
| No Unnecessary Restraint | They must not be subjected to restraint (e.g., handcuffing or detention) unless necessary. |
| No Security Required | They should not be asked to provide financial surety for appearance; only their own bond is sufficient. |
3. Exception (Proviso to Section 171):
If a complainant or witness refuses to:
Attend the court, or
Execute a personal bond for appearance as required under Section 170,
Then, the police officer has the authority to:
Forward such person in custody to the Magistrate.
This ensures that while rights are protected, cooperation with legal proceedings is still mandatory.
4. Importance and Rationale:
Maintains public confidence in the justice system by treating witnesses and complainants with dignity.
Encourages cooperation from the public by ensuring they are not harassed.
Prevents misuse of police powers during the trial process.
5. Practical Example:
A witness in a burglary case is asked to appear in court.
The police cannot forcefully escort the witness or make them stay with them unless they refuse to appear or sign a personal bond.
If the witness refuses to cooperate, the police may take them before the Magistrate under custody.
Summary Table:
| Aspect | Details |
|---|---|
| Applies To | Complainants and witnesses |
| Protected Rights | No forced escort, no unnecessary restraint, no financial security needed |
| Bond Requirement | Only personal bond (self-declaration of appearance) |
| Exception | If person refuses to comply, police may take them to Magistrate in custody |
| Legal Goal | Prevent abuse, protect dignity, ensure cooperation |
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