Section 179 BNSS 2023: Police Officer's Power to Require Attendance of Witnesses
Section 179 of the Bharatiya Nagarik Suraksha Sanhita, 2023 authorises a police officer conducting an investigation under the relevant Chapter to require, by written order, the attendance of a person who appears to be acquainted with the facts and circumstances of the case. The section also protects specified categories of persons from being required to attend at a place other than their residence.
Current law: The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act 46 of 2023 and came into force on 1 July 2024, subject to the notified exception relating to the entry concerning Section 106(2) of the Bharatiya Nyaya Sanhita, 2023 in the First Schedule.
Text of Section 179 BNSS
179. 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:
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 in which such person resides:
Provided further that if such person is willing to attend at the police station, such person may be permitted so to do.
(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.
Meaning and scope of Section 179
Section 179 regulates the manner in which the investigating police officer may secure the attendance of persons who may have information relevant to an investigation. The power is not unlimited. It must be exercised through a written order and is subject to territorial limits and statutory safeguards for specified persons.
1. Attendance must be required by a written order
The police officer may require attendance only by an order in writing. The written requirement provides a formal record of the direction issued during investigation.
2. Person must appear to know relevant facts or circumstances
The section applies to a person who, from information received or otherwise, appears to be acquainted with the facts and circumstances of the case. The statutory basis is therefore the apparent relevance of that person's knowledge to the investigation.
3. Territorial limit of the police officer's power
The person whose attendance is required must be within the limits of the police officer's own station or an adjoining station. Section 179 therefore places an express geographical limit on this power.
Who cannot ordinarily be required to attend away from home?
The first proviso to Section 179(1) protects specified categories of persons by providing that they shall not be required to attend at any place other than the place where they reside.
- A male person under 15 years of age.
- A male person above 60 years of age.
- A woman.
- A mentally disabled person.
- A physically disabled person.
- A person suffering from acute illness.
Important safeguard: A person falling within one of these protected categories cannot ordinarily be compelled under Section 179 to attend somewhere other than the person's residence. However, the second proviso permits such a person to attend the police station voluntarily if willing to do so.
Can a protected person voluntarily attend the police station?
Yes. The second proviso expressly states that if such a person is willing to attend at the police station, the person may be permitted to do so. The distinction is between compulsory attendance away from the residence and voluntary attendance.
Payment of reasonable expenses under Section 179(2)
Sub-section (2) enables the State Government to make rules providing for payment by the police officer of reasonable expenses incurred by a person who attends under sub-section (1) at a place other than that person's residence. The actual entitlement and procedure may therefore depend upon the rules made by the relevant State Government.
Practical effect of Section 179 BNSS
- The investigating police officer may require attendance of a person acquainted with the case.
- The requirement must be made by an order in writing.
- The person must be within the police station limits or an adjoining station.
- Specified vulnerable or protected persons cannot ordinarily be compelled to attend away from their residence.
- A protected person may nevertheless attend the police station voluntarily.
- State rules may provide for reimbursement of reasonable attendance expenses.
Relationship with Section 180 BNSS
Section 179 concerns requiring the attendance of a person during investigation. Once such a person is available for questioning, the next provision, Section 180 BNSS, deals with examination of witnesses by police. The two provisions should therefore be read together when considering police questioning during investigation.
Official BNSS source
The authoritative statutory text is available through India Code - Bharatiya Nagarik Suraksha Sanhita, 2023.
Related BNSS provisions
Disclaimer: This page is intended for general legal information and statutory reference. It is not a substitute for professional legal advice on the facts of a particular case.