Section 160 CrPC: Police officer’s power to require attendance of witnesses

Code of Criminal Procedure, 1973

Section 160 CrPC at a Glance

Section 160 CrPC deals with police officer’s power to require attendance of witnesses. From 1 July 2024 it is replaced by Section 179 BNSS.

Now BNSS

Section 179 →

What Section 160 CrPC Says

160. Police officer’s power to require attendance of witnesses

(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-five years or a woman or a mentally or physically disabled person shall be required to attend at any place other than the place in which such male person or woman resides.

(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 160, Code of Criminal Procedure, 1973

Section 160 CrPC in Simple Words

Section 160 of the Code of Criminal Procedure, 1973 gives an investigating police officer the power to call potential witnesses during an investigation.

By a written order, the officer may require any person within the limits of 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.

Section 160 CrPC also protects women, male persons under fifteen years or above sixty-five years, and mentally or physically disabled persons from being called away from where they reside, and allows State Government rules for paying reasonable expenses.

When Section 160 CrPC Applies

  • 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.

Example of Section 160 CrPC

Inspector Rajesh is a police officer making an investigation under the relevant Chapter of the Code of Criminal Procedure, 1973. From the information given, Arjun, a male who is neither under fifteen years nor above sixty-five years of age, and Kavita, a woman, both live within the limits of an adjoining station and appear to be acquainted with the facts and circumstances of the case. Under Section 160(1) CrPC, Rajesh may by order in writing require Arjun to attend before him at the police station, and Arjun shall attend. Under the proviso to Section 160(1) CrPC, Rajesh cannot require Kavita to attend at any place other than where she resides.

When Section 160 CrPC Does Not Apply

  • Section 160(1) of the Code of Criminal Procedure, 1973 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 160(1) CrPC does not apply to a person who is not within the limits of the investigating officer's own police station or any adjoining station.
  • Section 160(1) CrPC 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 proviso to Section 160(1) CrPC, 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-five years of age, a woman, or a mentally or physically disabled person.

Section 160 CrPC Under BNSS 179: What Changed

Section 160 CrPC is now covered under Section 179 BNSS.

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.

View detailed comparison (CrPC 160 vs BNSS 179) →

FAQs on Section 160 CrPC

Who can a police officer require to attend during an investigation under Section 160 CrPC?▼

A police officer making an investigation under the relevant Chapter of the Code of Criminal Procedure, 1973 may, by an order in writing, require the attendance 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. When served with such a written order under Section 160(1) CrPC, that person shall attend before the officer as required.

Which persons cannot be required to attend away from their residence under Section 160 CrPC?▼

The proviso to Section 160(1) of the Code of Criminal Procedure, 1973 limits the investigating officer's power to compel attendance away from home. It states that no male person under the age of fifteen years or above the age of sixty-five years, no woman, and no mentally or physically disabled person shall be required to attend at any place other than the place in which such male person or woman resides.

Does Section 160 CrPC provide for the payment of expenses to a person who attends away from home?▼

Section 160(2) of the Code of Criminal Procedure, 1973 allows the State Government, by rules made in that behalf, to provide for the payment by the police officer of the reasonable expenses of every person who attends under Section 160(1) CrPC at any place other than that person's residence. The provision empowers the State Government to frame such rules rather than fixing a specific sum in the statute itself.

Where does Section 160 CrPC sit in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Under the official mapping, Section 160 CrPC corresponds to Section 179 BNSS, and Section 160(2) CrPC corresponds to Section 179(2) BNSS, which governs a police officer's power to require the attendance of witnesses during an investigation from 1 July 2024.

Have questions about Section 160 CrPC?

Ask NyayGuru for a plain language explanation, or how it applies to your situation.

Ask NyayGuru →

Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 18 Oct 2026 ·