1. CRIMINAL PROCEDURAL CODE, 1973
BY ARUNDHATI BANERJEE
CHAPTER XII
SECTION 160: Police officer’s power to require attendance of
witnesses.
2. BARE ACT LANGUAGE EXPLAINED
(1) Any police officer making an investigation under this Chapter may, by order in writing, require the
attendance before himself of any person being within the limits of his own or any adjoining station who, from
the information given or otherwise, appears to be acquainted with the facts and circumstances of the
case; and such person shall attend as so required: Provided that no male person under the age of fifteen
years or women shall be required to attend at any place other than the place in which such male person or
women resides.
INVESTIGATING OFFICER,
STATION HOUSE OFFICER
OR SUPRITENDENT OF
POLICE
MEANS
SEPARATE PART
FLOW CHART FOR EASY EXPLAINATION
ANY POLICE
OFFICER
ORDER IN
WRITING
ATTENDANCE PERSON
INFORMATIONACQUAINTED
WITH FACTS
WITHIN THE
LIMITS
OWN POLICE
STATION
ADJOINING
POLICE
STATION
3. SECTION 160 CONTINUED…
(2) The State Government may, by rules made in this behalf, provide for the payment by the police
officer of the reasonable expenses of every person, attending under sub-section (1) at any place
other than his residence.
DIET MONEY
POLICE STATION OR
ANY OTHER
CONVENIENT PLACE
FLOW CHART FOR EASY EXPLAINATION
STATE GOVT. PAY
REASONABLE
EXPENSES
THROUGH
POLICE
OFFICER
PERSONATTENDING TO
THE ORDER
POLICE STATION
ANY OTHER PLACE
4. POINTS TO REMEMBER
Under this Section an Investigating police Officer may by order require the attendance before
himself of any person if following conditions are satisfied:-
1. The order must be in writing.
2. The person to whom the order is made is one who appears to be acquainted with the facts and
circumstances of the case.
3. Such a person is within the limits of police station of the Investigating Officer or is within the limit
of any adjoining police station.
FLOW CHART FOR EASY EXPLAINATION
ANY POLICE
OFFICER
INVESTIGATION
UNDER THIS
CHAPTER
MAY SEEK
ATTENDANCE
ANY PERSON
ACQUAINTED
WITH FACTS
SHALL
HAVE TO
ATTEND
5. POINTS TO REMEMBER CONTINUED…
1. The age of the male under this section is said to be a man below the age of 15 years and above the age
of 65 years.
2. A women under this section can be of any age.
3. The police officer shall pay the expenses to the witnesses for coming to the police station which is
prescribed or managed by the State Government. This amount of money is known as Diet Money.
LIMITED POWERS OF POLICE OFFICER IN RELATION TO
ATTENDANCE OF WITNESSES
1. Women of any age.
2. A man below the age of 15 years.
3. A man above the age of 65 years.
4. A disabled person mentally or physically.
6. POINTS TO REMEMBER CONTINUED…
• The intention of the Legislature appears to provide facility to the police to obtain evidence with regard
to the crime being investigated. Disobedience of mere verbal order is not punishable. This section does
not authorizes a police officer to require the attendance of an accused person with a view to answering
the charge.
• A person who fails to comply with the order of the police may be prosecuted for disobedience under
section 174 of Indian Penal Code (IPC).
• The Investigating Officer (I.O.) of a case has no authority to use force for compelling attendance, nor
does he have any power to arrest or detain such a person.
• This Code also does not empower a Magistrate to issue any compelling a person to attend before a
police officer.
7. CASES RELATED TO THIS SECTION
SUBE SINGH vs. STATE OF HARYANA AIR 2006
The police repeatedly questioned the family members of the accused at their house or by calling them
at the police station. This was done because the police had reasonable grounds to believe that the
family members knew about the whereabouts of the accused. The Court said that this being part of the
process of investigation, could not per se be considered as harassment or torture are violation of Article
21 of the Indian Constitution.
NARAYAN SWAMI vs. EMPEROR AIR 1939
The words ‘any person’ include a person who may be accused of the crime and suspects.
