Section 175 CrPC: Power to summon persons
Code of Criminal Procedure, 1973
Section 175 CrPC at a Glance
Section 175 CrPC deals with power to summon persons. From 1 July 2024 it is replaced by Section 195 BNSS.
What Section 175 CrPC Says
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.
Source: Section 175, Code of Criminal Procedure, 1973
Section 175 CrPC in Simple Words
Section 175 of the Code of Criminal Procedure, 1973 deals with the power to summon persons. A police officer who is proceeding under Section 174 CrPC may summon persons by an order in writing. The officer may summon two or more respectable inhabitants of the neighbourhood, the persons Section 174 CrPC 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.
Under Section 175(2) CrPC, if the facts do not disclose a cognizable offence to which Section 170 CrPC applies, the police officer shall not require those persons to attend a Magistrate's Court.
When Section 175 CrPC Applies
- 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.
- 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.
- 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.
- 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.
Example of Section 175 CrPC
When Section 175 CrPC Does Not Apply
- Section 175(1) CrPC speaks of a police officer proceeding under Section 174 CrPC. It does not deal with the police officer's power to require attendance of witnesses, which is the subject of Section 160 CrPC.
- Section 175(2) CrPC speaks of attendance at a Magistrate's Court where the facts do not disclose a cognizable offence to which Section 170 CrPC applies. It does not deal with the sending of cases to a Magistrate when evidence is sufficient, which is the subject of Section 170 CrPC.
Section 175 CrPC Under BNSS 195: What Changed
Section 175 CrPC is now covered under Section 195 BNSS.
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.
View detailed comparison (CrPC 175 vs BNSS 195) →FAQs on Section 175 CrPC
Who can a police officer summon under Section 175 CrPC?▼
A police officer proceeding under Section 174 of the Code of Criminal Procedure, 1973 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, 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.
Must a person summoned under Section 175 CrPC answer every question?▼
Section 175(1) CrPC says 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 the person to a criminal charge or to a penalty or forfeiture.
When can a police officer require persons summoned under Section 175 CrPC to attend a Magistrate's Court?▼
Section 175(2) CrPC says that if the facts do not disclose a cognizable offence to which Section 170 CrPC applies, such persons shall not be required by the police officer to attend a Magistrate's Court.
Where is Section 175 CrPC found 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. Section 175 CrPC has two sub-sections. Section 175(1) CrPC is found in Section 195(1) BNSS and Section 175(2) CrPC in Section 195(2) BNSS. Section 195(1) BNSS also has two provisos that have no counterpart in Section 175 CrPC.
Have questions about Section 175 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: 26 Oct 2026 ·