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Suhel   06 April 2017

Notice under crpc code 160

Received a notice under CRPC code 160, stating that an offence has been registered with CR No 172/2015 U/S 466, 468, 471,166, 167, 120(B) of IPC. The letter was receiced at last moment hence could not attend the same, 2 policemen came to my home and asking to sign the later written in Gujarati. My questions are

1. The case related to property dispute in some other state and the notice came from other state, can case be filed anywhere in India or it should be filed only on the same state.

2. Signed the letter mentioing that there is no involvement of mine. Please confirm what next step should be taken, as wrongfully I have been dragged into all of this. 


 2 Replies

Raveena Kataria (Advocate )     07 July 2017


Since, from the aforementioned sections of IPC (in your question) some are cognizable offenses, the police can register an FIR outside the jurisdiction of the state where the offence happened u/s 154 of CrPC. And well, if you're not involved, and that seems likely to the police too, they may, at most, serve you a notice to appear at the police station. If you comply with the directions of the notice(s), at worst you'll have to pay a fine (if involvement could not be proved but disproved either) Note, if you do not comply, you may be arrested.

Rohit Krishan Naagpal (Advocate)     21 July 2017

The powers under Section 160 Cr.P.C are necessary for the police for proper and effective investigation of a crime. A police officer who receives information that a person may be acquainted with the facts of the case can issue notice under Section 160 Cr.P.C to call such person and interrogate him. No specific guidelines are required for issuing such notice as issuance of such notice would not in any way infringes the personal liberty of any person. Chapter IV of Cr.P.C casts a duty on the public person to provide necessary help to Magistrate and police as and when demanded regarding information about commission of a crime and help apprehending the criminals. A duty has been cast upon the public to give information of certain offences as mentioned in Section 39 Cr. P.C. Section 41 of Cr.P.C gives power to police not only to arrest a person, without warrants, if he has been involved in a cognizable offence or against whom credible information has been received of his having been involved in an offence. The Code of Criminal Procedure lays down different provisions as to how investigation is to be done. Section 160 Cr.P.C gives power to police officer to summon a person by issuing notice in writing. I find no illegality in this provision neither it encroaches upon any of the fundamental rights of a person nor give unbridled powers to police officials".

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