Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 195: Power to summon persons
(1) A police officer proceeding under section 194 may, by order in writing, summon two or more persons as aforesaid for the purpose of the said investigation, and any other person who appears to be acquainted with the facts of the case and every person so summoned shall be bound to attend and to answer truly all questions other than questions the answers to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture: Provided that no male person under the age of fifteen years or above the age of sixty years or a woman or a mentally or physically disabled person or a person with acute illness shall be required to attend at any place other than the place where such person resides, unless such person is willing to attend and answer at the police station or at any other place within the limits of such police station.
(2) If the facts do not disclose a cognizable offence to which section 190 applies, such persons shall not be required by the police officer to attend a Magistrate's Court.
Brefe Detail
This section outlines the powers of police officers to summon individuals for investigation purposes. It specifies the obligations of those summoned to attend and answer questions, while also providing protections for certain groups of people who cannot be required to attend outside their residence.
Question & Answers
What authority does a police officer have under section 195?
A police officer can summon two or more persons for investigation purposes.
Who is exempt from attending places other than their residence?
Males under fifteen or over sixty, women, mentally or physically disabled persons, and those with acute illness are exempt unless they willingly choose to attend.
What happens if the investigation does not reveal a cognizable offence?
If no cognizable offence is disclosed, the summoned persons are not required to attend a Magistrate's Court.
Example
A police officer investigating a case may summon witnesses to provide information. However, a woman over sixty cannot be compelled to attend the police station and can instead answer questions at her home.
Summary
Section 195 grants police officers the authority to summon individuals for investigation while ensuring that vulnerable groups are protected from undue hardship. It emphasizes the obligation of summoned individuals to cooperate unless specific exemptions apply.
