Section 195 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Certainly! Here's a detailed explanation of Section 195 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which pertains to the power of police officers to summon persons during an investigation:
🧾 Section 195: Power to Summon Persons
1. Authority to Summon
Who Can Summon: A police officer proceeding under Section 194 of the BNSS.(
Method: The officer may summon individuals by issuing a written order.
Purpose: The summons is for the purpose of the investigation under Section 194.
2. Obligation to Attend and Answer
Duty to Attend: Every person so summoned is bound to attend and answer truly all questions, except those that would expose them to a criminal charge, penalty, or forfeiture.
Right Against Self-Incrimination: Individuals are not compelled to answer questions that may incriminate them.
3. Special Provisions for Certain Persons
Exemptions: The following persons cannot be required to attend at any place other than their residence
Male persons under 15 or over 60 years of age
Women
Mentally or physically disabled persons
Persons with acute illness
Alternative Arrangements: If such persons are willing, they may be permitted to attend and answer questions at the police station
4. Attendance at Magistrate’s Court
Condition: If the facts do not disclose a cognizable offense to which Section 190 applies, the summoned persons shall not be required to attend a Magistrate’s Court.
⚖️ Comparison with Indian Criminal Procedure Code (CrPC)
Section 195 of the BNSS is analogous to Section 174 of the CrPC, which empowers police officers to summon persons for the purpose of investigation. Both provisions aim to facilitate the gathering of information and evidence during criminal investigations.
🧭 Key Takeaways
Empowerment of Police Officers: Section 195 grants police officers the authority to summon individuals for the purpose of investigation, thereby aiding in the collection of evidence and information.
Protection of Rights: The section ensures that individuals are not compelled to answer questions that may incriminate them, thereby upholding the principle of protection against self-incrimination.
Special Considerations: The provisions account for the vulnerabilities of certain individuals by exempting them from attending at places other than their residence and allowing alternative arrangements for their participation
Limitation on Magistrate’s Court Attendance: The requirement for attending a Magistrate’s Court is contingent upon the disclosure of a cognizable offense, ensuring that individuals are not unnecessarily burdened.
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