Section 171 CrPC: Complainant & Witnesses Protection – No Accompaniment or Restraint by Police
Code: Section 171 of the Code of Criminal Procedure, 1973 (CrPC).
Explanation:
This section aims to safeguard complainants and witnesses in criminal cases by prohibiting the police from:
- Accompanying them to the police station or any other place without their free consent.
- Restraining their movement or liberty in any way.
The purpose is to prevent any undue influence or pressure being exerted on complainants and witnesses by the police, ensuring their statements are voluntary and truthful.
Illustration:
A woman files a complaint of domestic violence against her husband. The police arrive at her house and attempt to take her to the station for recording her statement. However, she is hesitant and feels intimidated by the presence of the police officers. In this scenario, the police cannot accompany her or restrain her against her will. They must respect her right to freely choose whether she wants to go with them or not.
Common Questions and Answers:
Q: Can the police accompany a witness to the police station if they request it?
A: Yes, but only if the witness willingly requests the police accompaniment. The police cannot force or pressure them into it.
Q: What if the police are concerned about the safety of a witness?
A: While the police can take reasonable measures to ensure the safety of witnesses, they cannot resort to unlawful restraint or accompaniment against the witness’s consent. In such cases, alternative measures like providing protection or assigning a police officer to accompany them should be considered.
Q: What are the consequences of violating Section 171 CrPC?
A: Violation of this section can lead to disciplinary action against the police officers involved, including suspension or dismissal. It can also be considered a ground for challenging the admissibility of statements or evidence obtained in violation of this section.
