Can an investigating police officer require the attendance of witnesses? Discuss his powers in such a case.

Question: Can an investigating police officer require the attendance of witnesses? Discuss his powers in such a case.

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Answer

Section 160 Crpc empowers the investigating Police officer to call a witness who according to him acquainted with the facts and circumstances of the case within the limits of his police station or the adjoining police station.

A witness is important for investigation purposes and Section 160 is an effective tool for proper and effective investigation of crime.

The person who has been called is bound to attend when required whenever an order in writing (i.e. a notice) is sent by the Police officer for his appearance.

It was held in the case of Satish Mohan Agarwal & Anr. v. Union of India & Ors. on 30 November 2010 DHC that Notice under Section 160 Cr. P.C can be issued to any witness and even to a suspect, so as to know from him the facts and circumstances of the case so that an effective investigation can be done of the crime committed. It is settled law that the power of investigating of a crime is a statutory right of the police and the court cannot interfere into this right of the police.

‘The powers under Section 160 Cr.P.C are necessary for the police for proper and effective investigation of a crime. A police officer who receives information that a person may be acquainted with the facts of the case can issue a notice under Section 160 Cr.P.C to call such person and interrogate him. No specific guidelines are required for issuing such notice’.

Section 160 also puts restrictions upon Police Officer that he cannot call certain witnesses in Police station:

1. A male under 15 years old age
2. A male above 65 years
3. A woman
4. Mentally or physically disabled person

Therefore, these witnesses are not called to the Police Station rather they will be examined at their place of residence.

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