Sandeep (firm) 14 June 2012

Notice to witness under 160 crpc

Sec 160.of CrPC states that

"Police officer's power to require attendance of witnesses: (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:

I would like to know whether under this section police can seek attendance of a witness from any any other state, because the concerned section says "any person being within the limits of his own or any adjoining station". " Eg. Can Delhi police send notice under sec 160 to a witness in Haryana.

If it is not allowed then what procedure has to be followed to send notice to witness in any state.

Sandeep

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Divya Jyoti Jaipuriar (Advocate/ 09868002365) 14 June 2012

Dear Sandeep

Unfortunately, the approach of Delhi High Court is against you. Delhi High Court is of the opinion that when a Police officer is investigating an offence, he has to investigate all the facets thereof. Thus the power of investigation cannot be fettered by directing a Police officer to be able to call only persons acquainted with the facts of the case who resides either under the jurisdiction of the Police station or adjoining thereto. Further, there can be no limit prescribed to an adjoining station. Section 160(1) Cr.PC does not restrict the power of a Police Officer to examine only a person who is residing within the limits of such Police Station or adjoining Police Station. The qualifying words are ‘summons to a person who appears to be acquainted with the facts of the case’. The purpose of investigation is to collect material evidence. The same cannot be restricted by limiting the scope of Section 160(1) Cr.P.C. to persons who are residing within the limits of the said Police station or adjoining Police Station.

Further, if you fail to appear before the Police, you may be booked under Section 172 and 174 IPC for not following the orders of the Public Servent. Hence, I would suggest that you participoate in the investigation. You may take assistance of your lawyer in the case before you appear before the Police.

Divya Jyoti Jaipuriar, Adv.

www.jaipuriar.com

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