Sec- 160 Cr.P.C.- Power of police officer to summon witness u/s 160 C.r.P.C

Can an outside witness be summoned u/s 160 Cr.P.C. 

who is residing in a different district or is in a different state?

Krishan Bans Bhadur v. State of Himachal Pradesh, 1975 Cri LJ 620 (H.P.), an order was issued under Section 160 of the Code of Criminal Procedure requiring the petitioners to present themselves at Police Station Chhota Simla, District Simla in connection with the investigation of a case. The order was served on them in New Delhi. The petitioners were unable to attend at the Police Station in compliance with the order. Consequently, a charge sheet was submitted against the petitioners for an offence under Section 174 of the Indian Penial Code. In the circumstances, the Himachal Pradesh High Court held as under:

“Clearly the petitioners are not guilty of any non-compliance with the orders issued under Section 160 of the Code of Criminal Procedure. Section 160 empowers a police officer making an investigation to 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 circumstances of the case and Section 160 adds, such person, must attend as so required. From the record of the present case, it is apparent that when the orders under S. 160 of the Code of Criminal Procedure were issued the petitioners were not within the limits of the police station of the police officer issuing the order, nor of any adjoining station. The address of the petitioners mentioned in the order indicates that they were present in New Delhi. There is no evidence whatever to show that they were in Simla at all. Ex facie, the order under Section 160 of the Code of Criminal Procedure is without jurisdiction. The order did not proceed from a public servant legally competent as such public servant to issue it. Accordingly, no offense can be said to have been committed within the purview of Section 174 of the Indian Penal Code.”

Thus, the legal position is quite clear. A police officer conducting the investigation has the power to summon a witness under Section 160 of the Cr.P.C. only if such witness is within the limits of his own police station or within the limits of an adjoining police station.

Now, what is adjoining police station has been well discussed in the case of  Manish Singh Baghel petitioner v/s state of Madhya Pradesh, 25 Nov 2014.

it was held that the investigation officer if has to record any statement has to himself visit and get the statement recorded and quashed the summon.

Section 160 in The Code Of Criminal Procedure, 1973

160. Police officer' s power to require the 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 subsection 

(1) at any place other than his residence.

Bishwa Kumar Jain #  B com (h). L.L.B. DIP Cyber Law. Member International Arbitration U.K. Practice Advocate Supreme Court and High Court of Delhi.