Section 195 BNSS: Power to summon persons

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 195 BNSS at a Glance

Section 195 BNSS deals with power to summon persons. It replaced Section 175 CrPC on 1 July 2024.

Was CrPC

Section 175 →

Section 195 BNSS Bare Act Text

(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.

Source: Section 195, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 195 BNSS in Simple Words

Section 195 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the power to summon persons. A police officer who is proceeding under Section 194 BNSS may summon persons by an order in writing. The officer may summon two or more respectable inhabitants of the neighbourhood, the persons Section 194 BNSS refers to, for the purpose of that investigation. The officer may also summon any other person who appears to be acquainted with the facts of the case.

Every person so summoned shall be bound to attend. The person shall also be bound to answer truly all questions, except questions whose answers would tend to expose the person to a criminal charge, a penalty or a forfeiture. The first proviso covers the place of attendance. The persons covered are a male person under fifteen years of age, a male person above sixty years of age, a woman, a mentally or physically disabled person and a person with acute illness.

None of them shall be required to attend at any place other than the place where the person resides. Under the further proviso, a person covered by the first proviso who is willing to attend and answer at the police station may be permitted to do so. Under Section 195(2) BNSS, if the facts do not disclose a cognizable offence to which Section 190 BNSS applies, the police officer shall not require those persons to attend a Magistrate's Court.

When Section 195 BNSS Applies

  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.

Example of Section 195 BNSS

Vikram is a police officer proceeding under Section 194 of the Bharatiya Nagarik Suraksha Sanhita, 2023. By order in writing under Section 195(1) BNSS, Vikram summons Ramesh and Suresh for the purpose of the said investigation, and Kavita, a woman who appears to be acquainted with the facts of the case. Under the first proviso to Section 195(1) BNSS, Kavita shall not be required to attend at any place other than the place where Kavita resides. Under the further proviso, if Kavita is willing to attend and answer at the police station, Kavita may be permitted so to do. Because the facts do not disclose a cognizable offence to which Section 190 BNSS applies, Vikram shall not require Ramesh, Suresh and Kavita to attend a Magistrate's Court.

When Section 195 BNSS Does Not Apply

  • Section 195(1) BNSS speaks of a police officer proceeding under Section 194 BNSS. It does not deal with the police officer's power to require attendance of witnesses, which is the subject of Section 179 BNSS.
  • Section 195(2) BNSS speaks of attendance at a Magistrate's Court where the facts do not disclose a cognizable offence to which Section 190 BNSS applies. It does not deal with the sending of cases to a Magistrate when evidence is sufficient, which is the subject of Section 190 BNSS.

Section 195 BNSS in the CrPC (Previous Law)

Section 195 BNSS replaced Section 175 CrPC from 1 July 2024.

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.

Each sub-section below names its own source.

FAQs on Section 195 BNSS

Who can a police officer summon under Section 195 BNSS?▼

A police officer proceeding under Section 194 of the Bharatiya Nagarik Suraksha Sanhita, 2023 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, and any other person who appears to be acquainted with the facts of the case. Every person so summoned shall be bound to attend and to answer truly all questions.

Who shall not be required to attend at a place other than where the person resides under Section 195(1) BNSS?▼

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. 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.

When can a police officer require persons summoned under Section 195 BNSS to attend a Magistrate's Court?▼

Section 195(2) BNSS says that if the facts do not disclose a cognizable offence to which Section 190 BNSS applies, such persons shall not be required by the police officer to attend a Magistrate's Court.

What changed from Section 175 CrPC to Section 195 BNSS from 1 July 2024?▼

Section 195 BNSS has the same heading as Section 175 CrPC, Power to summon persons. Section 195(1) BNSS adds two provisos that Section 175 CrPC does not have. 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. 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.

Section 195 BNSS: Sub-sections Explained

Section 195(1) BNSS: Power to summon persons

▶

Bare Act Text

(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.

Previous Law

CrPC 175 → Section 195(1) BNSS

Section 195(2) BNSS: Power to summon persons

▶

Bare Act Text

(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.

Previous Law

CrPC 175(2) → Section 195(2) BNSS

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 26 Oct 2026 ·