CrPC 160 to BNSS 179: Police officer’s power to require attendance of witnesses
Section 160 CrPC (1973) replaced by Section 179 BNSS (2023)
CrPC 160 to BNSS 179 at a Glance
Section 160 CrPC (Police officer’s power to require attendance of witnesses) is now Section 179 BNSS, in force from 1 July 2024. What changed is set out below.
What Changed From CrPC 160 to BNSS 179?
Section 160 of the Code of Criminal Procedure, 1973 became Section 179 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The renumbering is a change of form, and the main clause of Section 179(1) BNSS and all of Section 179(2) BNSS remain unchanged. In the first proviso to Section 179(1) BNSS, the upper age limit for protected male persons drops from above sixty-five years to above sixty years, a person with acute illness is added, and the closing phrase changes from such male person or woman resides to such person resides. A new second proviso allows a protected person to attend at the police station if willing.
CrPC 160 vs BNSS 179: Comparison Table
| Aspect | CrPC 1973 (repealed) | BNSS 2023 (in force) |
|---|---|---|
| Section | 160 | 179 |
| Heading | Police officer’s power to require attendance of witnesses | Same |
| Sub-sections | 2 sub-sections | Same |
CrPC 160 and BNSS 179: Bare Act Text Side by Side
Section 160, CrPC 1973
Section 179, BNSS 2023
When It Applies: CrPC 160 vs BNSS 179
- A police officer making an investigation under the relevant Chapter of the Code of Criminal Procedure, 1973 may issue a written order requiring a person to appear before that officer.
- The written order under Section 160(1) CrPC may be directed to any person within the limits of the officer's own police station or an adjoining station who, from the information given or otherwise, appears to be acquainted with the facts and circumstances of the case.
- Once required by a written order under Section 160(1) CrPC, the person summoned shall attend before the investigating police officer as directed.
- A proviso to Section 160(1) CrPC limits this power by providing that a male person under the age of fifteen years or above the age of sixty-five years, a woman, or a mentally or physically disabled person shall not be required to attend at any place other than where such male person or woman resides.
- Under Section 160(2) CrPC, the State Government may make rules providing for the police officer to pay the reasonable expenses of every person who attends under Section 160(1) CrPC at a place other than that person's residence.
- A police officer making an investigation under the relevant Chapter of the Bharatiya Nagarik Suraksha Sanhita, 2023 may issue a written order requiring a person to appear before that officer.
- The written order under Section 179(1) BNSS may be directed to any person within the limits of the officer's own police station or an adjoining station who, from the information given or otherwise, appears to be acquainted with the facts and circumstances of the case.
- A person who receives a written order under Section 179(1) BNSS shall attend before the investigating police officer as required.
- The first proviso to Section 179(1) BNSS limits this power by stating that a male person under fifteen years or above sixty years of age, a woman, a mentally or physically disabled person, or a person with acute illness shall not be required to attend at any place other than where such person resides.
- The second proviso to Section 179(1) BNSS relaxes the residence restriction by providing that if a protected person is willing to attend at the police station, that person may be permitted to do so.
- Under Section 179(2) BNSS, the State Government may make rules providing for the police officer to pay the reasonable expenses of every person attending under Section 179(1) BNSS at any place other than that person's residence.
What CrPC 160 to BNSS 179 Means in Practice
FAQs: CrPC 160 to BNSS 179
How did the age and health protections for witnesses change from Section 160 CrPC to Section 179 BNSS?▼
Under the proviso to Section 160(1) of the Code of Criminal Procedure, 1973, male persons under fifteen years or above sixty-five years, women, and mentally or physically disabled persons could not be required to attend outside their residence. In the first proviso to Section 179(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the upper age threshold for a male person was lowered to above sixty years, a person with acute illness was added, and the residence wording was updated to refer to such person.
Can a protected witness voluntarily attend at the police station under Section 179 BNSS?▼
Yes. Section 160(1) of the Code of Criminal Procedure, 1973 contained only one proviso barring the police officer from requiring protected persons to attend away from where they reside. Section 179(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 adds a new second proviso stating that if such a protected person is willing to attend at the police station, that person may be permitted to do so.
Did the rule on paying reasonable expenses to witnesses change between Section 160(2) CrPC and Section 179(2) BNSS?▼
No. Apart from the renumbering from Section 160(2) of the Code of Criminal Procedure, 1973 to Section 179(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, which is a change of form, the rule is unchanged. Under both provisions, the State Government may, by rules made in that behalf, provide for the payment by the police officer of the reasonable expenses of every person attending under the first sub-section of each provision at any place other than that person's residence.
Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.
Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 18 Oct 2026 ·