Quick answer
No. Under Section 179 B.N.S.S., an investigating police officer may, by a written order, require a person who appears to know the facts of the case to attend before him. But a male person under 15 years or above 60 years, a woman, a mentally or physically disabled person, and a person with acute illness cannot be required to attend anywhere other than the place where they reside. Such a person may attend the police station only if willing.
The law: Section 179 B.N.S.S.
Section 179 (old Section 160 CrPC) gives the police power to require the attendance of witnesses during an investigation under Chapter XIII. Its elements are:
- Who may issue it: any police officer making an investigation under the Chapter.
- Form: an order in writing. An oral call is not what the section contemplates.
- Whom it covers: a person within the limits of the officer's own or an adjoining police station who appears to be acquainted with the facts and circumstances of the case. Such a person "shall attend as so required".
- Protected persons (first proviso): a male under 15 or above 60 years, a woman, a mentally or physically disabled person, or a person with acute illness cannot be required to attend at any place other than where that person resides.
- Voluntary attendance (second proviso): if such a person is willing to attend at the police station, the police may permit it.
- Expenses (Section 179(2)): the State Government may make rules for the police to pay the reasonable expenses of a person who attends at a place other than his residence.
Section 179 and Section 180 compared
The two sections work together but answer different questions. A witness's duty to help does not remove the location safeguard.
| Point | Section 179 B.N.S.S. | Section 180 B.N.S.S. |
|---|---|---|
| Subject | Requiring attendance of a witness | Oral examination of a person acquainted with the facts |
| Key question | Where must the person appear? | What must the person answer? |
| Safeguard | Protected persons are questioned at their residence unless they choose to come | No duty to answer questions that tend to expose the person to a criminal charge, penalty or forfeiture |
| Old CrPC | Section 160 | Section 161 |
What changed from the CrPC
| Point | Section 160 CrPC (old law) | Section 179 B.N.S.S. (current) |
|---|---|---|
| Age limit for males | Under 15 or above 65 years | Under 15 or above 60 years |
| Other protected persons | Woman; mentally or physically disabled person | Woman; mentally or physically disabled person; person with acute illness |
| Willing attendance at police station | No express proviso | Expressly permitted |
The age and disability wording in Section 160 CrPC was itself added by the Criminal Law (Amendment) Act, 2013. Before that, the proviso covered only males under 15 and women.
Nandini Satpathy v. P.L. Dani, Supreme Court of India, 7 April 1978 (V.R. Krishna Iyer, Jaswant Singh and V.D. Tulzapurkar, JJ.). Among other findings, the Court disapproved of the police calling a woman to the police station for questioning, contrary to the proviso to Section 160(1) CrPC, the predecessor of Section 179.
Example
Aadil, aged 70, saw a street robbery. The investigating officer needs his account. Under Section 179 the officer cannot order Aadil to come to the police station; he must examine Aadil at his home. If Aadil prefers to go to the station himself, the police may allow it. Once questioned, Aadil must answer truthfully under Section 180, except questions that could incriminate him.
Exam point
Section 179 B.N.S.S.: males under 15 or above 60, women, disabled persons and the acutely ill cannot be required to attend anywhere except their residence; the age limit was 65 under Section 160 CrPC.
