Section 160 in The Code of Criminal Procedure, 1973
160. Police officer's power to require attendance of witnesses.
(1) Any police officer making ... words "under the age of fifteen years or woman" by Criminal Law (Amendment) Act, 2013] shall be required to attend at any place other than
issued in a
purported exercise of power under Section 160 Cr.P.C., however,
Section 160 Cr.P.C. shall not be applicable ... power under Section 160 Cr.P.C. However, as the appellant
cannot be said to be a witness in the case, Section 160 Cr.P
case of summoning witnesses under
Section 160 Cr.P.C. for recording statements;
W.P.(CRL) 55/2011 Page 1 of 23
e. Issue ... giving
a notice under Section 160 Cr.P.C. a person cannot be called at a place
W.P.(CRL) 55/2011 Page
this purpose. Section 160
Cr.P.C empowers a police officer doing investigation under Chapter XII of Cr.P.C to
require attendance before ... information of certain offences as mentioned in
Section 39 Cr. P.C. Section 41 of Cr.P.C gives power to police not only
160 of the Cr.P.C. can be issued.
The words used under the provision are „police officer making
investigation‟. The Cr.P.C . itself ... this behalf;"
Section 2(h) of the Cr.P.C. includes all proceedings under the
Cr.P.C . for collection of evidence under
mandate. Inviting my
attention to Sections 41, 44, 46, 57, 60 and Section 167 of the Code of
Criminal Procedure, Shri. Jethmalani submits that this ... section applies to an accused
and even an accused can be summoned, even then, if there is non-
compliance with Section 160 CrPC
Cr.P.C. is vitiated by malafides as it
is only a retaliatory measure. That the provisions of
Section 41A of Cr.P.C. have ... Cr.P.C can be invoked in any
or every situation. The mandatory nature of the
provisions of Section 41A of Cr.P.C
Court either
under Section 439 Cr.P.C. or under section 482 Cr.P.C. of the Code of
Criminal Procedure and the appeal filed ... filed under Section 173 Cr.P.C., while dismissing/disposing of the
quashing petition under Section 482 Cr.P.C. and/or under Article
State, under
Section 2(s) of Cr.P.C., and when a similar notification under
Section 2(s) of Cr.P.C. was also issued ... combined reading of
Section 160(1) Cr.P.C., Section 2(s) of Cr.P.C., along with the
aforesaid two notifications, makes the position
resort to Section
91 Cr.P.C. to mandate the provision of any document. Hence,
Section 91 Cr.P.C. cannot be equated with ... Cr.P.C. The Chapter XII of Cr.P.C .
19
pertains to the “Information to the Police and their Powers to
Investigate”. Section 160
