160. Police officer’ s power to require attendance of witnesses.
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 woman shall be required to attend at any place other than the place in which such male person or woman resides.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.
A person who has been charged cannot be ordered to appear in order to answer the charges against him under section 160. The Magistrate’s order enabling the investigator to interrogate accused is not legal as the investigator has a right to pass an order in writing under Section 161 requiring attendance of the accused for examination, M.N. Sreedharan v. State of Kerala, (1981) CrLJ 119
So far as the male person aged under 15 years or woman is concerned he or she will be examined in his or her place of residence. If a person disobeys a police order, they could face legal action under Sections 174 or 188 of the Indian Criminal Code.
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