Summon Under 161 CrPC

Asked in Criminal

  • **********r

    Chandigarh

Expert's Answers(3)

  • Advocate Anshul Kulshrestha

    Noida, Uttar Pradesh
      9 Client Ratings

    Section 161 Code of Criminal Procedure, 1973 talks about “Examination of witnesses by police” provides for oral examination of a person by any investigating officer when such person is supposed to be acquainted with the facts and circumstances of the case. The purpose for and the manner in which the police statement recorded under Section 161 Cr.P.C can be used at any trial are indicated in Section 162 Cr.P.C. Object and purpose of section 161 is to collect evidence regarding commission of an offence by examining and recording the statements of the witnesses material in respect of commission of the offence. Yes, a person can be asked to appear in the court without registering FIR (a) It should be cognizable offence (b) Written Complaint In the particular case, summon can be issued without registering FIR as it is a serious complaint and a punishable offence.

    July 10, 2021
  • Kishan Retired Judge ( Advocate)

    Bengaluru, Karnataka
      184 Client Ratings

    Dear Sir, It may be preliminary investigation normally such notice cannot be issued and you may approach High Court to get it quashed. Please give me rank after viewing my details. Please call me for further assistance.

    June 28, 2021
  • Advocate Anik

    Bengaluru, Karnataka
      66 Client Ratings

    Hi, A summon is a court order to an individual to appear in court at a specified time and place thus police cannot issue a summon. A police officer investigating an offense under Section 161, Cr. P. C. can question orally any person presumed to be familiar with the facts and circumstances of the case, and it is required for him to reduce the statement into writing, despite the fact that he cannot due to Section*Phone*Of course, any person might be summoned to the police station if there is a relationship between him/her and a crime committed by him/her or supervised by him/her. He can be summoned to the police station and interrogated, but only in the case of a primary inquiry and cannot be arrested. If you find this answer helpful please rate my answer. Thank You.

    June 19, 2021