Code
(1) A police officer proceeding under section 174 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.
(2) If the facts do not disclose a cognizable offence to which section 170 applies, such persons shall not be required by the police officer to attend a Magistrate’s Court.
Explanation
Section 175 provides the Magistrate with the authority to summon any person deemed necessary for investigation. The Magistrate has the discretion to determine whether a person’s presence is required. This power is not unlimited; the summoning must be for the purpose of a lawful inquiry or investigation.
Illustration
- Case 1: A theft has been reported, and the Magistrate suspects a particular individual may have witnessed the crime or possesses valuable information. The Magistrate can summon this individual to appear and provide a statement.
- Case 2: A police investigation reveals the involvement of a specific individual in a drug trafficking case. The Magistrate can summon this individual to provide evidence or explain their involvement.
Common Questions and Answers
Who can issue a summons under Section 175?
A Judicial Magistrate First Class (JMFC) or a Metropolitan Magistrate (MM) can issue summons under this section.
What are the grounds for summoning a person under Section 175?
The grounds for summoning include the person having information about the offence, being in possession of relevant documents, or being a potential witness.
Can a person refuse to appear when summoned?
No, a person cannot refuse to appear when summoned under Section 175. Failure to comply with the summons can lead to consequences like being arrested or facing contempt of court charges.
What are the rights of a person summoned under Section 175?
A person summoned under Section 175 has the right to be informed about the nature of the inquiry, the purpose of the summons, and the consequences of failing to appear. They also have the right to legal representation and to remain silent if they choose.
