Introduction to Section 195 BNSS
Section 195 BNSS deals with the power of the police to summon individuals during an investigation, especially in cases involving suspicious or unnatural deaths as covered under Section 194. This section ensures that the police can gather complete and reliable information by questioning those who might have seen or heard something relevant to the case.
What is BNSS Section 195 ?
BNSS Section 195 gives legal authority to police officers to summon people who may know facts related to an investigation. It safeguards the dignity and convenience of vulnerable individuals by ensuring they are not forced to travel far or attend court unnecessarily. This section balances the need for a fair investigation with the rights of citizens.
BNSS Section of 195 in Simple Points
1. Police Power to Summon
Police officers can issue a written order to summon individuals for questioning during investigations under Section 194. This helps them collect truthful and necessary information from those who may know about the case.
2. Duties of the Summoned Person
Anyone who is summoned must attend and answer all questions honestly, except if answering would lead to self-incrimination or legal trouble. This promotes cooperation while protecting individual rights.
3. Protection for Vulnerable Persons
Special rules apply for elderly people (above 60), minors (below 15), women, and people with disabilities or illness. They can only be questioned at their own residence unless they willingly come to the police station.
4. Option to Attend Voluntarily
If a protected person wants to visit the police station voluntarily, they may be allowed. This provides flexibility and ensures their comfort during the process.
5. Limitations in Non-Cognizable Cases
If the situation does not involve a serious (cognizable) offence under Section 190, the summoned individuals cannot be forced to appear in Magistrate’s Court. This protects them from unnecessary legal pressure.
Section 195 of BNSS Overview
BNSS Section 195 gives power to the police to call or summon people during investigations of suspicious or unnatural deaths under Section 194. It helps gather facts by questioning people who might know about the incident. Special care is taken not to trouble elderly people, women, minors, or sick persons. It ensures fair investigation while protecting individual rights.
10 Key Points of BNSS 195 Explained in Detail
1. Empowering Police to Summon Individuals
BNSS Section 195 grants police officers the legal authority to summon individuals during investigations under Section 194. This includes any person who may have knowledge about the suspicious or unnatural death being investigated. The summon is issued in writing, and the person summoned is expected to assist the investigation. This provision strengthens the evidence collection process. It helps the police reach closer to the truth through witness cooperation. Without this power, key information may be lost. This step is crucial for justice delivery. It formalizes the collection of supporting statements.
2. Obligation to Respond Honestly
Anyone summoned under this section must attend the inquiry and answer questions truthfully. However, the law protects individuals from self-incrimination. That means a person is not required to answer questions that could lead to them being charged with a crime. This balance between duty and rights ensures fair and lawful investigation practices. It prevents forced confessions or the misuse of police authority. Honest answers are critical to uncovering facts. This clause ensures cooperation without compromising personal rights. The section thus enforces justice with dignity.
3. Special Protections for Vulnerable Groups
BNSS 195 includes strong safeguards for vulnerable individuals such as children, senior citizens, women, and those with physical or mental disabilities or serious illnesses. These persons cannot be required to appear at a police station or any place other than their residence. This ensures that the process remains sensitive and considerate. It reduces stress and potential trauma during investigations. Police must visit these individuals at their homes for statements. The provision respects their limitations. It also encourages participation without fear or burden.
4. Voluntary Attendance Allowed
While protected persons cannot be forced to attend, the law allows them to voluntarily appear at the police station if they are willing. This flexibility is crucial in cases where the person prefers to be present in a more formal setting. The police can then take their statement at the station. This clause promotes convenience and cooperation. It ensures that investigations proceed smoothly without compromising on comfort. It respects individual choice while supporting justice. The option enhances inclusiveness in investigation.
5. Only in Relevant Cases
This power is specifically meant for cases under Section 194, which involves suspicious, accidental, or unnatural deaths, including possible suicides or homicides. The police officer must be acting under that section to use the powers under Section 195. It ensures that the power to summon is not used arbitrarily. It restricts misuse and keeps investigations targeted. This clause limits scope to serious and sensitive matters. It keeps the system focused on justice. Misuse or unrelated use is not permitted.
6. No Compulsion for Non-Cognizable Offences
If the facts of the case do not reveal a cognizable offence—meaning one where police can arrest without a warrant—then the summoned individuals cannot be forced to appear in a Magistrate’s court. This protection prevents unnecessary legal trouble for people who are not directly involved in serious crimes. It respects their time and rights. The law maintains a fair boundary between criminal and civil roles. Police authority is not absolute in such cases. This clause keeps things lawful and proportional.
7. Role in Inquest Investigations
The provision supports the investigation process during inquests under Section 194, which includes cases of mysterious deaths. Witnesses or locals with useful knowledge can be brought in to assist with identifying the cause of death. This helps the Executive Magistrate to make better informed conclusions. The inclusion of eyewitnesses or nearby residents can reveal key facts. This clause links Section 195 closely with Section 194. It enables complete documentation of events. Their input could determine whether a crime occurred.
8. Written Summons Format
Police must issue summons in writing. This ensures transparency and provides a record of who was called and why. It also protects the rights of the person summoned, by allowing them to request legal counsel or support. A written order reduces the chance of verbal threats or coercion. It formalizes the process. It also helps in legal reviews if needed later. The written format promotes accountability. It protects both the investigator and the witness.
9. Respect for Legal Boundaries
The provision makes it clear that while police can summon for questioning, it cannot force testimony that could cause legal harm to the individual. This keeps the process lawful and ensures that people feel safe in cooperating. Protecting against self-incrimination aligns with fundamental rights. This point reassures the public about their legal safety. It promotes confidence in the system. It also aligns with constitutional protections. No person should suffer from helping an investigation.
10. Encouraging Public Cooperation
Overall, Section 195 aims to build a bridge between the police and the public. By offering protections and flexibility, while still expecting truthful cooperation, it creates a balanced investigation process. People are more likely to assist when they know their rights are protected. The section is designed to support justice while being fair and humane. It enables community participation in serious investigations. This builds trust and efficiency in law enforcement. Justice becomes a shared responsibility.
2 Real-Life Examples of BNSS Section 195
- Example 1:
A woman dies under suspicious circumstances in her in-laws’ house. The police summon neighbors and relatives to understand the situation. An elderly neighbor is allowed to give her statement from home, as she is over 60. - Example 2:
A factory worker is killed in a machinery accident. The officer summons two co-workers to record their statements. One of them, a 14-year-old boy, gives his statement at home due to age-related protection under BNSS 1
Section 195 of BNSS Short Information
| BNSS 195 | Short Answer (Key Point) |
|---|---|
| 1. Who can be summoned under BNSS 195? | Any person with knowledge of the case, except for protected groups like minors or the ill. |
| 2. Is it compulsory to answer all police questions? | Yes, truthfully, except those that can lead to self-incrimination or penalties. |
| 3. Where must the summoned person appear? | At their residence, unless they voluntarily agree to go to the police station. |
| 4. When is a person not required to go to court? | If the case does not involve a cognizable offence under Section 190. |
| 5. Why is a written order needed for a summon? | To ensure transparency, legal record, and protect both police and the summoned person. |
Why BNSS Section 195 Is Needed?
BNSS Section 195 is necessary to support the police during investigations into unnatural or suspicious deaths under BNSS Section 194. Often in such sensitive cases, the police need help from people who were present at the scene, knew the deceased, or have some knowledge that could reveal the truth. This section legally empowers police officers to summon these individuals to gather factual and useful information. It also ensures that these summons are handled respectfully, especially for vulnerable groups such as children, women, the elderly, and people with illnesses or disabilities. Without this legal backing, the police might face resistance, confusion, or legal issues when asking people to cooperate. Moreover, it includes safeguards to prevent harassment and protects individuals from being forced to incriminate themselves. This balance of power and protection ensures smooth, fair, and lawful investigation, helping in speedy justice and public trust.
BNSS Section 195 FAQs
BNSS 195
If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
Court or any other marriage-related issues, our https://marriagesolution.in/lawyer-help-1/ website may prove helpful. By completing our enquiry form and submitting it online, we can provide customized guidance to navigate through the process.