My question is mentioned below 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 Answer i received from kanoon .com is mentioned below 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 Now new question is I am a senior citizen age 70 years and unfit to travel , aswell sufferring of obeisity , i stay in mumbai and i have been served notice from latur , where its very very very difficult from me to travel , please guide me if it possible not to travel to latur and record my statement to the local police station where i stay , as i read some where below mentioned clause Provided that no male person under the age of fifteen years or above the age of sixty-five years or a woman or a mentally or physically disabled person1 shall be required to attend at any place other than the place in which such male person or woman resides Kindly guide me if its applicable and suitable for person of age 70 years like me
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1. You have every right not to appear beofre the police for recording your statement if there is enough reason for the same like the ones you have mentioned.
2. So you can send the police your response stating your inability to travel.
3. Moreover the notice of investigation u/s160 is much liberal that notice u/s 41(a) crpc
1) if you are 70 years of age and unfit to travel you can inform the police that you are unable to travel due to health reasons
2) request that your statement be recorded in Mumbai only . draw attention of provisions of section 160(1) cr pc that your statement can be recorded in Mumbai as you are permanently residing in Mumbai
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
It is just an investigation session, hence the police may not arrest even if the sessions is inconclusive.
Kindly guide me if its applicable and suitable for person of age 70 years like me
If the male is under 15 years is right but you have misconceived the upper age as 65 years, there is no such provision in law.
If you are not able to attend the police station, you may write to the police about your inability to attend the police station to record yor statement owing the the practical difficulties which are unavoidable.
you can alternately send your statement by post by taking their permission.
