Section 171 CrPC: Complainant and witnesses not to be required to accompany police officer and not to be subjected to restraint

Code of Criminal Procedure, 1973

Section 171 CrPC at a Glance

Section 171 CrPC deals with complainant and witnesses not to be required to accompany police officer and not to be subjected to restraint. From 1 July 2024 it is replaced by Section 191 BNSS.

Now BNSS

Section 191 →

What Section 171 CrPC Says

171. Complainant and witnesses not to be required to accompany police officer and not to be subjected to restraint
No complainant or witness on his way to any Court shall be required to accompany a police officer, or shall be subjected to unnecessary restraint or inconvenience, or required to give any security for his appearance other than his own bond:
Provided that, if any complainant or witness refuses to attend or to execute a bond as directed in section 170, the officer in charge of the police station may forward him in custody to the Magistrate, who may detain him in custody until he executes such bond, or until the hearing of the case is completed.

Source: Section 171, Code of Criminal Procedure, 1973

Section 171 CrPC in Simple Words

Section 171 of the Code of Criminal Procedure, 1973 deals with a complainant or witness who is on the way to any Court. Such a person shall not be required to accompany a police officer. Such a person shall not be subjected to unnecessary restraint or inconvenience.

Such a person shall not be required to give any security for appearing, other than a bond of that person's own. The proviso is an exception. It applies if a complainant or witness refuses to attend, or refuses to execute a bond as directed in Section 170 CrPC.

In that case the officer in charge of the police station may send that person in custody to the Magistrate. The Magistrate may detain that person in custody until the bond is executed, or until the hearing of the case is completed.

When Section 171 CrPC Applies

Section 171 CrPC applies to a complainant or witness on his way to any Court.
Such a complainant or witness shall not be required to accompany a police officer.
Such a complainant or witness shall not be subjected to unnecessary restraint or inconvenience.
Such a complainant or witness shall not be required to give any security for his appearance other than his own bond.
The proviso applies if any complainant or witness refuses to attend or to execute a bond as directed in Section 170 CrPC.
In that case the officer in charge of the police station may forward him in custody to the Magistrate, who may detain him in custody.

Time Limits Under Section 171 CrPC

The proviso says that the Magistrate may detain him in custody until he executes such bond, or until the hearing of the case is completed.Act text: “until he executes such bond, or until the hearing of the case is completed”

Example of Section 171 CrPC

Priya is a complainant on her way to a Court. Under Section 171 CrPC, Priya shall not be required to accompany a police officer, shall not be subjected to unnecessary restraint or inconvenience, and shall not be required to give any security for the appearance of Priya other than the own bond of Priya. If Priya refuses to attend or to execute a bond as directed in Section 170 CrPC, the officer in charge of the police station may forward Priya in custody to the Magistrate, who may detain Priya in custody until Priya executes such bond, or until the hearing of the case is completed.

When Section 171 CrPC Does Not Apply

Section 171 CrPC speaks of a complainant or witness on his way to any Court. It does not deal with an accused person.
The proviso to Section 171 CrPC speaks of forwarding a complainant or witness in custody to the Magistrate. It does not deal with the forwarding of an accused in custody to the Magistrate.

Section 171 CrPC Under BNSS 191: What Changed

Section 171 CrPC is now covered under Section 191 BNSS.

Section 191 BNSS has the same text as Section 171 CrPC. The heading of Section 191 BNSS reads not to be subject to restraint where the heading of Section 171 CrPC read not to be subjected to restraint. The proviso to Section 191 BNSS refers to Section 190 BNSS where the proviso to Section 171 CrPC referred to Section 170 CrPC.

View detailed comparison (CrPC 171 vs BNSS 191) →

FAQs on Section 171 CrPC

What does Section 171 CrPC say about a complainant or witness on his way to any Court?▼

No complainant or witness on his way to any Court shall be required to accompany a police officer, or shall be subjected to unnecessary restraint or inconvenience, or required to give any security for his appearance other than his own bond.

What does the proviso to Section 171 CrPC say?▼

If any complainant or witness refuses to attend or to execute a bond as directed in Section 170 CrPC, the officer in charge of the police station may forward him in custody to the Magistrate, who may detain him in custody until he executes such bond, or until the hearing of the case is completed.

Until when may the Magistrate detain a complainant or witness under the proviso to Section 171 CrPC?▼

The Magistrate may detain the complainant or witness in custody until he executes such bond, or until the hearing of the case is completed.

Where is Section 171 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 171 CrPC has no sub-sections, and maps as a whole to Section 191 BNSS. The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure, 1973 from 1 July 2024.

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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: 26 Oct 2026 ·