Pushkar (Mr) 26 November 2013

Summon by police officer under section 160 crpc

Dear experts,

I have been sent a notice by police under section 160 crpc to appear before them. Is it ok if I appear before them and tell them that I do not want to say anything about the case. Do I have the right to do that ?

Reply Follow

14 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 26 November 2013

160. Police officer' s power to require attendance of witnesses.

(1) 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.

(2) 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. No need to fear. You can tell as you know about the incidents. But tell truth. Truth is always triumph.

Pushkar (Mr) 27 November 2013

Thank you sir. I live in Delhi but the concerned notice is from Pitthoragarh. Isn't the police sending this summon outside their jurisdictional area which is against section 160.

Sudhir Kumar, Advocate (Advocate) 27 November 2013

reading of section 160 is clear.

ADV S PATHAK (lawyer) 27 November 2013

dear pushkar I ADVICE YOU TO GO AND ATTEND THE INVESTIGATION, MAKE THE WRITTEN STATEMENT u/s 161 crpc BEFORE POLICE because notice has been issued.

Mayank Kumar Advocate (EAST DELHI) 27 November 2013

what is role of you in this case accuse or witness explain it ?

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 28 November 2013

Dear,

Non-compliance of summons u/s 160 Cr.P.C is an offence punishable u/s 174 IPC. Be careful and don't worry to appear before them.

Advocate Kapil Chandna

+91-9911218741

Pushkar (Mr) 28 November 2013

I am witness. It is a property related case and I do not want to depose. Can my statement be used in trial against or for the accused ?

avinash (service) 08 September 2015

Dear Member,

I had attended a summons under section 160 of crpc and the police took my statement too.

From the plain reading of section 160 of crpc states that :

(2) 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.

I had not claimed my expenses at that time.

Can i make an application for claiming those expenses now, since i did travel outside the juridsiction of my residence to give my statement.

thanking you kindly.

Tarlochan Singh (EO Retd.) 13 January 2016

I have been served anotice under cr.p.c. and been asked to appear before the officer at a certain date. Can I request for some future date and on what grounds.please advise.

12233445 24 June 2016

Hi,

I am overseas and I have received a CrPC 160 notice from an Indian policer officer. I received the notice in a form of a hand written notice by the officer via my email. The notice is not stamped or anything. It is also not on official police letter head. Should I contact the DCP of that district to check out the legitimacy of this notice? What should I do?

Regards,

Siddharth Dev (Advocate) 21 July 2016

As i read your query in short i'd suggest file AB and get direftions for joining investigation as well as prior notice of arrest by police form the court (if you are in any apprihension)

Sudhir Kumar, Advocate (Advocate) 21 July 2016

Originally posted by : 12233445
	Hi, I am overseas and I have received a CrPC 160 notice from an Indian policer officer. I received the notice in a form of a hand written notice by the officer via my email. The notice is not stamped or anything. It is also not on official police letter head. Should I contact the DCP of that district to check out the legitimacy of this notice? What should I do? Regards, VK

received the notice in a form of a hand written notice by the officer

Nothing new or strange.

Mischief cannot be ruled out.

You can contact DCP.

Vibha 22 July 2016

You can contact DCP to verify if notice is genuine. You can also ignore such notice because its authenticity is not clear. Such notice is not considered proper service by court.
I would recommend ignoring the notice. If you try to verify with DCP then it stands proven that you have recieved the notice. You will have to travel from overseas at your cost if it is a genuine notice.
If there is a case against you, let police serve you proper notice via registered post before responding.