Police Officer Cannot Summon A Person For Investigation From Outside Territorial Limits Of His Station Or Adjoining...
Principle of Law
A police officer cannot summon a person for investigation if that person is residing outside the territorial jurisdiction of his police station or its adjoining stations.
This principle comes from the Code of Criminal Procedure (CrPC). Under Section 160 CrPC, a police officer making an investigation can require the attendance of any person within the limits of his own police station or within the limits of any station adjoining it.
The law specifically prohibits summoning persons from beyond such territorial jurisdiction, except under special orders of higher authorities or courts.
Detailed Explanation
Purpose of Section 160 CrPC
It is designed to protect people from harassment by preventing police officers from calling them to far-off places unnecessarily.
It balances the investigative powers of police with the rights of citizens under Article 21 of the Constitution (Right to Life & Personal Liberty).
Territorial Restriction
Only persons residing within the police station’s jurisdiction or adjoining police station limits can be required to attend an investigation.
If a person is living outside those limits, the officer cannot compel him to travel. Instead, the officer must either:
Go to the person’s residence/place himself, or
Seek assistance of the police of that jurisdiction.
Special Protection for Women & Children
As per Section 160(1) proviso CrPC, women and persons under 15 years of age cannot be required to attend at any place other than their own residence.
Important Case Laws
Joginder Kumar v. State of U.P. (1994) 4 SCC 260
The Supreme Court held that police powers are not unlimited and must not be exercised arbitrarily. Summoning or arrest must have a justifiable reason.
State of Gujarat v. Shyamlal Mohanlal Choksi (AIR 1965 SC 1251)
The Court held that police cannot compel attendance of persons residing beyond their jurisdiction, unless law specifically authorises.
P.K. Basheer v. State of Kerala (1992 CriLJ 2794 - Kerala HC)
It was held that a person outside territorial jurisdiction cannot be compelled under Section 160 CrPC.
Kailash Chandra v. State of U.P. (1982 CriLJ 758 - Allahabad HC)
The Allahabad High Court clarified that the intention of Section 160 CrPC is to save people from unnecessary harassment and police misuse.
Conclusion
A police officer cannot summon a person for investigation who is outside the limits of his police station or adjoining station.
If investigation requires such a person’s statement, the officer must either travel to that place or seek help from local police.
Women and minors have additional protection—they cannot be asked to go anywhere other than their residence.
This principle ensures checks on police power, prevents harassment, and upholds constitutional rights.
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