Introduction

The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, modernizes India’s criminal procedural laws, replacing the Code of Criminal Procedure (CrPC), 1973. Among its provisions, Sections 179 and 180 delineate the powers and responsibilities of police officers concerning the summoning and examination of witnesses during criminal investigations. These sections aim to balance effective law enforcement with the protection of individual rights.

📜 Section 179 BNSS: Police Officer’s Power to Require Attendance of Witnesses

🔹 Key Provisions:

Section 179 BNSS: Police Officer’s Power to Require Attendance of Witnesses

Section 179 empowers a police officer conducting an investigation to issue a written order requiring any person within the limits of their own or an adjoining police station, who appears to be acquainted with the facts and circumstances of the case, to attend before them. However, the law provides safeguards for certain individuals:

1. Authority to Summon: A police officer conducting an investigation may, through a written order, require any person within the limits of their own or an adjoining police station, who appears to be acquainted with the facts and circumstances of the case, to attend before them.

• Exemptions:
  • Male persons under 15 or over 60 years of age
  • Women
  • Mentally or physically disabled individuals
  • Persons with acute illness.

1. These individuals cannot be compelled to attend at any place other than their residence. However, if they consent, they may attend at the police station.
2. Expenses: The State Government may establish rules for reimbursing reasonable expenses incurred by individuals attending at places other than their residence.

🔹 Practical Examples:

• Example 1: In a robbery investigation, the police identify Mr. Sharma, a 45-year-old resident of the neighborhood, as a potential witness. A written order is issued, and Mr. Sharma is required to attend the police station for questioning.
• Example 2: In a hit-and-run case, Mrs. Gupta, a 65-year-old woman who witnessed the incident, is identified. As per the provisions, she cannot be compelled to attend the police station. Instead, the investigating officer visits her residence to record her statement.

🔹 Relevant Case Law:

• State of Gujarat v. Shyamlal Mohanlal Choksi, AIR 1965 SC 1251: The Supreme Court emphasized the importance of adhering to procedural safeguards when summoning witnesses, highlighting that any deviation could vitiate the investigation.

📜 Section 180 BNSS: Examination of Witnesses by Police

🔹 Key Provisions:

1. Authority to Examine: Any police officer conducting an investigation, or any officer not below a rank specified by the State Government, may orally examine any person supposed to be acquainted with the facts and circumstances of the case.
2. Obligation to Answer: The person examined is legally bound to answer all questions truthfully, except those that may expose them to a criminal charge, penalty, or forfeiture.
3. Recording Statements:
   • Statements may be recorded in writing, either in question-answer form or as a narrative.
   • The statement should be recorded verbatim, without any alterations or literary embellishments.
   • Before examination, the witness should be appropriately counseled to ensure comfort.
   • Witnesses cannot be compelled to make self-incriminating statements.
   • Statements may also be recorded using audio-video electronic means.
   • Signatures or thumb impressions of witnesses must not be taken on the statement.
   • In cases involving offenses under Sections 64 to 71, 74 to 79, and 124 of the Bharatiya Nyaya Sanhita (BNS), and Sections 4, 6, 8, and 10 of the POCSO Act, statements of victims must be recorded by a woman police officer and may also be recorded using audio-video electronic means.
   • While recording statements through audio-visual means, the presence of independent witnesses should be ensured.
   • After recording, the statement should be read over to the witness, and any modifications requested should be allowed.
   • The investigating officer may examine multiple witnesses but should focus on those with substantial knowledge of the case.
   • It is not mandatory to cite all examined witnesses in the charge sheet.

🔹 Practical Examples:

• Example 1: In a burglary case, the investigating officer identifies a neighbor who may have seen suspicious activity. The neighbor is orally examined, and their statement is recorded in writing. Additionally, the interview is recorded using a body camera for accuracy and transparency.
• Example 2: In a domestic violence case, a woman reports abuse. As per the provisions, her statement is recorded by a woman police officer, and the process is documented using audio-video electronic means, ensuring the presence of independent witnesses.

🔹 Relevant Case Law:

• Nandini Satpathy v. P.L. Dani, AIR 1978 SC 1025: The Supreme Court held that no person can be compelled to answer questions that may incriminate them, reinforcing the protection against self-incrimination during police examinations.

🧑‍⚖️ Additional Guidelines for Investigating Officers:

• Counseling Witnesses: Prior to examination, witnesses should be made comfortable and informed about the process to ensure accurate and uninfluenced statements.
• Use of Technology: Recording statements using audio-video means enhances transparency and can serve as crucial evidence during trials.
• Focus on Key Witnesses: While multiple witnesses may be examined, emphasis should be on those with substantial knowledge relevant to the case to streamline the investigation.
• Avoiding Coercion: Investigating officers must ensure that witnesses are not coerced into making statements and that their rights are upheld throughout the process.

Practical Application and Case Law

• State of Gujarat v. Shyamlal Mohanlal Choksi, AIR 1965 SC 1251: The Supreme Court emphasized the importance of adhering to procedural safeguards when summoning witnesses, highlighting that any deviation could vitiate the investigation.
• Nandini Satpathy v. P.L. Dani, AIR 1978 SC 1025: The Court held that no person can be compelled to answer questions that may incriminate them, reinforcing the protection against self-incrimination during police examinations.

Conclusion

Sections 179 and 180 of the BNSS, 2023, provide a structured framework for the summoning and examination of witnesses, ensuring that investigations are conducted efficiently while safeguarding individual rights. By delineating clear procedures and protections, these provisions aim to uphold the principles of justice and due process in the criminal justice system.