• Notice received under section 160

Dear sir ,

As i read many useful information , that u/s 160 we need to appear before investigation officer , its the right of police its very clear . I just want to know whether the police officer has right to arrest aswell , if he find statement un satisfying . As u/s 160 the notice was serve for investigation purpose
Asked 8 years ago in Criminal Law
Religion: Muslim

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4 Answers

Hello,

Non-compliance of summons u/s 160 Cr.P.C is an offence punishable u/s 174 IPC. Be careful and don't worry to appear before them, just go and give your statement under 161. He can not arrest ypu if your answer is unsatisfactory. As of now police will not arrest you

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1.Do not worry as for your non appearance the police will not arrest you.

2.However if you better send them a regret letter stating your inability to attend for the reasons which may inflict you.

3. There is difference of seriousness between the notice u/s 160 and 41(a) crpc.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

section 160 cr pc deals with . Police officer' s power to require attendance of witnesses. (1) Any police officer, making an investigation under this Chapter may, by order in writing, require the attendance before himself of any person being within the limits of his own or any adjoining station who, from the information given or otherwise, appears to be acquainted with the facts and circumstances of the case; and such person shall attend as so required: Provided that no male person under the age of fifteen years or woman shall be required to attend at any place other than the place in which such male person or woman resides.

2) police would not arrest you if your answers are unsatisfactory

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

Section 160 in The Code Of Criminal Procedure, 1973

160. Police officer' s power to require attendance of witnesses.

(1) Any police officer, making an investigation under this Chapter may, by order in writing, require the attendance before himself of any person being within the limits of his own or any adjoining station who, from the information given or otherwise, appears to be acquainted with the facts and circumstances of the case; and such person shall attend as so required: Provided that no male person under the age of fifteen years or woman shall be required to attend at any place other than the place in which such male person or woman resides.

This is a routine inquiry session, you may not arrested, however if you apprehend arrest you may take AB and attend the session before the police station.

T Kalaiselvan
Advocate, Vellore
89985 Answers
2492 Consultations

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