Section 179 BNSS: Police officer's power to require attendance of witnesses
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 179 BNSS at a Glance
Section 179 BNSS deals with police officer's power to require attendance of witnesses. It replaced Section 160 CrPC on 1 July 2024.
Section 179 BNSS Bare Act Text
(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 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 in which such person resides:
Provided further that if such person is willing to attend at the police station, such person may be permitted so to do.
(2) The State Government may, by rules made in this behalf, provide for the payment by the police officer of the reasonable expenses of every person, attending under sub-section (1) at any place other than his residence.
Source: Section 179, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 179 BNSS in Simple Words
Section 179 of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers an investigating police officer to issue a written order requiring any person within the officer's own or any adjoining station who appears to be acquainted with the facts and circumstances of the case to attend before the officer, and that person shall attend.
A proviso limits this rule for women, male persons under fifteen years or above sixty years, mentally or physically disabled persons, and persons with acute illness so they cannot be required to attend at any place other than where they reside, though a person who is willing to attend at the police station may be permitted to do so.
Section 179(2) BNSS permits State Government rules for reasonable expenses.
When Section 179 BNSS Applies
- 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.
Example of Section 179 BNSS
When Section 179 BNSS Does Not Apply
- Section 179(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 does not authorise a police officer to require a person's attendance when the officer is not making an investigation under that Chapter or does not issue an order in writing.
- The power to require attendance under Section 179(1) BNSS does not apply to a person who is outside the limits of the investigating officer's own police station and every adjoining station.
- Section 179(1) BNSS does not apply to a person who does not, from the information given or otherwise, appear to be acquainted with the facts and circumstances of the case.
- Under the first proviso to Section 179(1) BNSS, the power to require attendance at a place other than the person's residence does not apply to 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.
Section 179 BNSS in the CrPC (Previous Law)
Section 179 BNSS replaced Section 160 CrPC from 1 July 2024.
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.
Each sub-section below names its own source.
FAQs on Section 179 BNSS
Who can a police officer require to attend during an investigation under Section 179 BNSS?▼
A police officer making an investigation under the relevant Chapter of the Bharatiya Nagarik Suraksha Sanhita, 2023 may, by an order in writing, require the attendance before that officer of any person who is within the limits of the officer's own police station or any adjoining station and who, from the information given or otherwise, appears to be acquainted with the facts and circumstances of the case. Under Section 179(1) BNSS, that person shall attend as required.
Which persons cannot be required to attend away from where they reside under Section 179 BNSS?▼
The first proviso to Section 179(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 states that no male person under fifteen years or above sixty years of age, no woman, no mentally or physically disabled person, and no person with acute illness shall be required to attend at any place other than the place in which such person resides. Under the second proviso, if such person is willing to attend at the police station, such person may be permitted to do so.
How does Section 179 BNSS address the expenses of witnesses who attend away from their residence?▼
Section 179(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides that 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 Section 179(1) BNSS at any place other than that person's residence. Payment of reasonable expenses therefore depends on the rules made by the State Government for persons who travel away from where they reside.
What changed when Section 179 BNSS replaced the earlier criminal procedure provision from 1 July 2024?▼
From 1 July 2024, Section 179 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 160 of the Code of Criminal Procedure, 1973. Section 179(1) BNSS lowered the upper age threshold for protected male persons to above the age of sixty years, added a person with acute illness to the residence protection, broadened the residence phrase to such person, and added a second proviso permitting a protected person to attend at the police station if willing.
Section 179 BNSS: Sub-sections Explained
Section 179(1) BNSS: Police officer’s power to require attendance of witnesses
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Bare Act Text
(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 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 in which such person resides:
Provided further that if such person is willing to attend at the police station, such person may be permitted so to do.
Section 179(2) BNSS: Police officer’s power to require attendance of witnesses
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Bare Act Text
(2) The State Government may, by rules made in this behalf, provide for the payment by the police officer of the reasonable expenses of every person, attending under sub-section (1) at any place other than his residence.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 18 Oct 2026 ·