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Binod Kumar Mishra (Government Service)     08 August 2009

notice under Cr.P.C. 160

Dear friends,


the IO of CBI has noticed someone under Cr.P.C. 160 to attend before IO of the case. the CBI called the accused under CR.P.C. 160. can anyone tell me as usually in CBI case this type of happenings takes places:-


1) suppose during course of inquiry CBI arrest the person who have gone to deposed himself before IO.


2) if the above happens, the witness loose his right to apply for anticipatory bail.


3) in that circumstances what is the option left for the witnesses.


4) kindly reply immediately, because the information is required on urgent basis.



Learning

 4 Replies

shiv shanker bala narayanan (advocate)     10 August 2009

read nandini satpathy's case u will know the right to silence  is available only to a suspect a witness is not a suspect but u can refuse to go and section 188 of  i p cwill not be attraccted

prof s c pratihar (medical practitioner &legal studies)     10 August 2009

it is the duty of every person having knowledge or information  about theoffence to assist the investigating mechinery.this section applies to persons who appear to be acquinted with the circumstances of the case ie the witness or probable witness only.an order under this section can not be made requiring the attendence of an accused personwith a view to his answering the charge made against him.hope this will help you. AIR 2004SC2282.

shiv shanker bala narayanan (advocate)     11 August 2009

notice under section 160 is issued to a witness who is conversant with the case it is mandatory that the   io  shud tell him that the information given  given can be used against him and the io can even have a summons sent to u frm court the magistrate will then ask u the same i have handled similar instances call me 09447327727

Bhumik Dave (Law officer)     22 August 2009

Yes shri prof. Is right

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