CrPC 175→BNSS 195

CrPC 175 to BNSS 195: Power to summon persons

Section 175 CrPC (1973) replaced by Section 195 BNSS (2023)

View CrPC Section 175 →View BNSS Section 195 →

CrPC 175 to BNSS 195 at a Glance

Section 175 CrPC (Power to summon persons) is now Section 195 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 175 to BNSS 195?

Section 195 BNSS has the same heading as Section 175 CrPC, Power to summon persons. Section 195(1) BNSS adds two provisos with no counterpart in Section 175 CrPC, one on attendance at a place other than the place where such person resides and one on a person willing to attend and answer at the police station. Section 195(1) BNSS refers to Section 194 BNSS where Section 175(1) CrPC referred to Section 174 CrPC, and Section 195(2) BNSS refers to Section 190 BNSS where Section 175(2) CrPC referred to Section 170 CrPC.

CrPC 175 vs BNSS 195: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section175195
HeadingPower to summon personsSame
Sub-sections2 sub-sectionsSame
Cross-referencess.174, s.170s.194, s.190

CrPC 175 and BNSS 195: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 175, CrPC 1973

175. Power to summon persons.—(1) A police officer proceeding under section 174 may, by order in writing, summon two or more persons as aforesaid for the purpose of the said investigation, and any other person who appears to be acquainted with the facts of the case and every person so summoned shall be bound to attend and to answer truly all questions other than questions the answers to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture. (2) If the facts do not disclose a cognizable offence to which section 170 applies, such persons shall not be required by the police officer to attend a Magistrate’s Court.
BNSS 2023 (in force)

Section 195, BNSS 2023

195. Power to summon persons.—(1) A police officer proceeding under section 194 may, by order in writing, summon two or more persons as aforesaid for the purpose of the said investigation, and any other person who appears to be acquainted with the facts of the case and every person so summoned shall be bound to attend and to answer truly all questions other than questions the answers to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture: Provided that no male person under the age of fifteen years or above the age of sixty years or a woman or a mentally or physically disabled person or a person with acute illness shall be required to attend at any place other than the place where such person resides: Provided further that if such person is willing to attend and answer at the police station, such person may be permitted so to do. (2) If the facts do not disclose a cognizable offence to which section 190 applies, such persons shall not be required by the police officer to attend a Magistrate's Court.

When It Applies: CrPC 175 vs BNSS 195

Under CrPC 175
  1. A police officer proceeding under Section 174 CrPC may, by order in writing under Section 175(1) CrPC, summon two or more persons, being the respectable inhabitants of the neighbourhood referred to in Section 174 CrPC, for the purpose of the said investigation.
  2. The police officer may also summon under Section 175(1) CrPC any other person who appears to be acquainted with the facts of the case.
  3. Every person so summoned under Section 175(1) CrPC shall be bound to attend and to answer truly all questions, other than questions the answers to which would have a tendency to expose the person to a criminal charge or to a penalty or forfeiture.
  4. If the facts do not disclose a cognizable offence to which Section 170 CrPC applies, Section 175(2) CrPC states that such persons shall not be required by the police officer to attend a Magistrate's Court.
Under BNSS 195
  1. A police officer proceeding under Section 194 BNSS may, by order in writing under Section 195(1) BNSS, summon two or more persons, being the respectable inhabitants of the neighbourhood referred to in Section 194 BNSS, for the purpose of the said investigation.
  2. The police officer may also summon under Section 195(1) BNSS any other person who appears to be acquainted with the facts of the case.
  3. Every person so summoned under Section 195(1) BNSS shall be bound to attend and to answer truly all questions, other than questions the answers to which would have a tendency to expose the person to a criminal charge or to a penalty or forfeiture.
  4. The first proviso to Section 195(1) BNSS says no male person under the age of fifteen years or above the age of sixty years or a woman or a mentally or physically disabled person or a person with acute illness shall be required to attend at any place other than the place where such person resides.
  5. The further proviso to Section 195(1) BNSS says that if such person is willing to attend and answer at the police station, such person may be permitted so to do.
  6. If the facts do not disclose a cognizable offence to which Section 190 BNSS applies, Section 195(2) BNSS states that such persons shall not be required by the police officer to attend a Magistrate's Court.

What CrPC 175 to BNSS 195 Means in Practice

Under the first proviso to Section 195(1) BNSS, no male person under the age of fifteen years or above the age of sixty years or a woman or a mentally or physically disabled person or a person with acute illness shall be required to attend at any place other than the place where such person resides. Section 175 CrPC has no such proviso. Under the further proviso, if such person is willing to attend and answer at the police station, such person may be permitted so to do.

FAQs: CrPC 175 to BNSS 195

Where is Section 175 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 175(1) CrPC is found in Section 195(1) BNSS and Section 175(2) CrPC in Section 195(2) BNSS. Both sections have the heading Power to summon persons.

What does Section 195(1) BNSS add to Section 175(1) CrPC?▼

Section 195(1) BNSS adds two provisos. The first proviso says no male person under the age of fifteen years or above the age of sixty years or a woman or a mentally or physically disabled person or a person with acute illness shall be required to attend at any place other than the place where such person resides. The further proviso says that if such person is willing to attend and answer at the police station, such person may be permitted so to do.

Which cross-references differ between Section 175 CrPC and Section 195 BNSS?▼

Section 195(1) BNSS refers to Section 194 BNSS where Section 175(1) CrPC referred to Section 174 CrPC. Section 195(2) BNSS refers to Section 190 BNSS where Section 175(2) CrPC referred to Section 170 CrPC.

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: 26 Oct 2026 ·