Bharatiya Nagarik Suraksha Sanhita, 2023

BNSS Section 195

Power to summon persons

In one line

BNSS Section 195 deals with power to summon persons and replaces CrPC 175.

Bare act text — BNSS 195

195. Power to summon persons.

(1) A police officer proceeding under section 194 may, by order in writing, summon two or more persons as aforesaid for the purpose of the said investigation, and any other person who appears to be acquainted with the facts of the case and every person so summoned shall be bound to attend and to answer truly all questions other than questions the answers to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture: 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 where such person resides: Provided further that if such person is willing to attend and answer at the police station, such person may be permitted so to do.

(2) If the facts do not disclose a cognizable offence to which section 190 applies, such persons shall not be required by the police officer to attend a Magistrate's Court.

What changed from the CrPC

  • CrPC 175 → BNSS 195: Proviso to Subsection (1) of 195 provides immunity to male persons under the age of fifteen years or above the age of sixty years, or a woman or a mentally or physically disabled persons or a person with acute illness shall not be required to attend at place other than the place where such person resides.
  • CrPC 175 → BNSS 195: However, they can attend at police station willingly.

Frequently asked

What was BNSS Section 195 in the CrPC?

BNSS Section 195 (Power to summon persons) replaces Section 175 of the Code of Criminal Procedure, 1973. CrPC 175 is now BNSS 195.

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