Introduction to Section 179 BNSS
Section 179 BNSS empowers police officers who are investigating a case to summon witnesses who may have important information about the crime. This section ensures that police can gather all necessary facts by calling on people acquainted with the case. However, it also protects vulnerable individuals such as minors, elderly, women, or disabled persons by restricting how they can be required to attend. This balances effective investigation with respect for individual rights.
What is BNSS Section 179 ?
BNSS 179 is a legal provision that grants police officers the authority to require the attendance of witnesses during an investigation. It allows the officer to send a written order to any person within their police station’s jurisdiction, or adjoining ones, if that person appears to know facts about the case. It also includes important protections for certain categories of people about where they can be asked to appear.
BNSS Section of 179 in Simple Points
1. Police Officer’s Authority to Summon Witnesses
BNSS 179 gives police officers the legal right to require anyone who may know about a crime to come forward and give information. The police officer can issue a written order asking a person to attend and help in the investigation. This is important because it helps the police collect all relevant facts and statements directly from people involved or who have seen the event.
2. Scope of Summoning Witnesses
The police officer can summon witnesses not only from their own police station area but also from neighboring police stations. This means the investigation is not limited by strict boundaries, and police can include people nearby who might have useful information. This wider reach helps uncover more complete and accurate details.
3. Protection for Vulnerable Groups
The law protects certain people from being forced to travel far for police questioning. Males under 15 or over 60 years old, women, disabled persons, or those who are seriously ill cannot be made to attend any place outside their home. This protects vulnerable individuals from unnecessary hardship or risk during investigations.
4. Voluntary Attendance Allowed
Even though protected people cannot be forced to go to police stations away from home, they may still choose to come voluntarily if they want to give their statement or help the investigation. This respects their choice while ensuring cooperation when possible.
5. Payment of Reasonable Expenses
The government can set rules so that police officers pay reasonable travel or related expenses to witnesses who are asked to attend places away from their home. This ensures witnesses are not burdened with costs, encouraging them to cooperate and participate without financial worry.
Section 179 of BNSS Overview
BNSS 179 serves two main purposes: aiding the police investigation by summoning relevant witnesses and safeguarding vulnerable groups by limiting where and how they can be called. The police officer can issue a written summons to ensure attendance, and the State Government can make rules to cover expenses for witnesses who need to attend places away from their home. This provision is a key part of the investigation process under the law.
10 Key Points of BNSS 179 Explained
1. Police Power to Summon Witnesses
Under BNSS 179, a police officer investigating a case can order in writing any person within their jurisdiction or neighboring areas to appear and provide information. This power is essential for collecting evidence and testimonies, which help build a strong investigation. The summons must clearly state the requirement and is legally binding.
2. Scope of Jurisdiction
The police officer’s authority to require attendance extends not only to the police station area they control but also to adjoining police stations. This wider scope allows gathering witnesses who may be connected to the case but live nearby, ensuring no crucial evidence is missed due to strict boundaries.
3. Persons Required to Attend
The section applies to anyone who appears to know facts about the case, based on information from the police or other sources. It can include direct witnesses, experts, or anyone who can provide relevant information to clarify the investigation.
4. Protection for Vulnerable Individuals
BNSS 179 specifically protects certain groups: males below 15 years or above 60 years, women, persons with mental or physical disabilities, or those with serious illnesses cannot be compelled to attend any place other than where they reside. This respects their safety and dignity during the investigation process.
5. Voluntary Attendance at Police Station
Even if protected from compulsory attendance away from home, these vulnerable persons may voluntarily choose to attend the police station if they wish. This provision respects their willingness to cooperate while protecting them from forced attendance in unfamiliar or unsafe locations.
6. Reasonable Expenses for Witnesses
The State Government can make rules to ensure that police officers pay reasonable expenses to witnesses who attend places other than their residence. This encourages witnesses to participate in the investigation without bearing financial burdens, promoting fairness and cooperation.
7. Written Orders for Attendance
Any summons or requirement for attendance must be in writing. This creates an official record and ensures the person understands the legal obligation to appear, preventing misuse of power and maintaining transparency in the investigation process.
8. Balancing Investigation and Rights
BNSS 179 balances the police’s need to gather evidence quickly and efficiently with the rights and well-being of individuals, especially vulnerable witnesses. It prevents harassment or undue pressure on people who might find it difficult or unsafe to travel far.
9. Legal Consequences for Non-Compliance
While not detailed in the section, typically, failing to comply with a lawful police summons can lead to legal penalties. This underlines the importance of attending when summoned and cooperating with the investigation, which is vital for justice.
10. Supporting Fair and Effective Investigation
Overall, BNSS 179 helps ensure that investigations are thorough by involving all possible witnesses. It safeguards human dignity and legal rights, promoting trust in the police and judicial system while facilitating the discovery of truth in criminal cases.
2 Examples of BNSS 179 in Action
Example 1:
A police officer investigating a theft case in a local market issues a written order to a shopkeeper living in the next police station area. The shopkeeper witnessed suspicious activity and his testimony is crucial. The order legally requires him to attend the police station and provide his statement, aiding the investigation.
Example 2:
A woman, aged 55, who witnessed an accident, is required to give her statement. However, as per BNSS 179, she is protected from being summoned to the police station if it is outside her residence. She chooses to give her statement at home, which the police officer arranges, respecting her rights while obtaining the necessary evidence.
Section 179 of BNSS Short Information
| Question | Key Point Summary |
|---|---|
| 1. What power does BNSS 179 give to police? | Police can summon witnesses who may know facts related to a case. |
| 2. Can police summon witnesses outside their area? | Yes, from their own or adjoining police station jurisdictions. |
| 3. Who is protected from being summoned away from home? | Males under 15 or over 60, women, disabled, and seriously ill persons. |
| 4. Can protected persons still attend police stations? | Yes, if they voluntarily agree to attend. |
| 5. Are witnesses paid for travel expenses? | Yes, reasonable expenses can be paid as per government rules. |
Why is BNSS 179 Needed?
BNSS 179 is essential because it ensures that police investigations are thorough, fair, and respectful of people’s rights. When a crime occurs, the police must collect information from witnesses to understand what happened clearly. Sometimes, witnesses live outside the police station’s strict limits or may not come forward on their own. Without the power to summon witnesses, important facts could be missed, and criminals might escape justice.
At the same time, BNSS 179 protects vulnerable groups—like children, elderly, women, and disabled persons—so that the investigation does not cause them harm or undue stress. This balance between effective investigation and individual rights is critical. It prevents police from misusing their power to harass or intimidate people while ensuring they can still gather necessary evidence.
The provision to reimburse expenses also removes financial barriers that might stop witnesses from attending. Overall, BNSS 179 helps build a fair justice system by encouraging cooperation while protecting human dignity.
BNSS Section 179 FAQs
BNSS 179
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