Bharatiya Nagarik Suraksha Sanhita, 2023
Section 195 BNSS: Power to Summon Persons During an Inquest
Section 195 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) empowers a police officer conducting an inquest under Section 194 to summon persons who may assist the inquiry. The provision also protects specified persons from being required to attend away from their residence and preserves the protection against answers that may expose a person to criminal liability, penalty or forfeiture.
What Section 195 BNSS means
Section 195 operates in connection with an inquest under Section 194 BNSS. A police officer may issue a written order summoning two or more persons referred to in Section 194, as well as any other person who appears to know the facts of the case.
A person validly summoned is generally required to attend and answer questions truthfully. However, the person is not required to answer a question where the answer would tend to expose that person to a criminal charge, penalty or forfeiture.
Text of Section 195 BNSS
195. (1) A police officer proceeding under section 194 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:
Provided that no male person under the age of fifteen years or above the age of sixty years or a woman or a mentally or physically disabled person or a person with acute illness shall be required to attend at any place other than the place where such person resides:
Provided further that if such person is willing to attend and answer at the police station, such person may be permitted so to do.
(2) If the facts do not disclose a cognizable offence to which section 190 applies, such persons shall not be required by the police officer to attend a Magistrate's Court.
Who may be summoned?
- Two or more persons referred to in the inquest procedure under Section 194.
- Any other person who appears to be acquainted with the facts of the case.
- The summons must be made by an order in writing.
Who is protected from being required to attend elsewhere?
| Protected category | Protection under Section 195 |
|---|---|
| Male person under 15 years | Cannot be required to attend at any place other than his residence. |
| Male person above 60 years | Cannot be required to attend at any place other than his residence. |
| Woman | Cannot be required to attend at any place other than her residence. |
| Mentally or physically disabled person | Cannot be required to attend at any place other than the person's residence. |
| Person with acute illness | Cannot be required to attend at any place other than the person's residence. |
The second proviso makes the protection non-compulsory in one important respect: a protected person who is willing to attend and answer at the police station may be permitted to do so voluntarily.
Duty to answer questions and protection against self-incrimination
A person summoned under Section 195 must answer questions truthfully, but the statutory duty does not extend to a question whose answer would tend to expose that person to a criminal charge, penalty or forfeiture. This qualification is an express safeguard built into the provision.
Can police require attendance before a Magistrate?
Section 195(2) limits that power. If the facts do not disclose a cognizable offence to which Section 190 BNSS applies, the police officer cannot require the summoned persons to attend a Magistrate's Court.
Relationship with Sections 194 and 196 BNSS
Section 194 establishes the police inquest procedure for suicide, accidental death, suspicious death and other deaths covered by that provision. Section 195 gives the police officer a supporting power to summon persons for that investigation. Section 196 then deals with inquiry by a Magistrate into the cause of death in the situations specified there.
Practical significance of Section 195
The provision balances investigative necessity with personal safeguards. It allows the police to secure the attendance and truthful cooperation of persons who may know relevant facts, but restricts compulsory attendance for children, older men, women, persons with disabilities and persons suffering from acute illness. It also expressly protects against compelled answers that may be self-incriminating or expose the person to penalty or forfeiture.
Official legal resources
For authoritative use, consult the current text of the Bharatiya Nagarik Suraksha Sanhita, 2023 through India Code and the Ministry of Home Affairs materials on the new criminal laws. Any applicable State rules, notifications or instructions should also be checked where procedure or implementation is relevant.
Note: This article provides general legal information and is not a substitute for case-specific legal advice.