Section 195 of BNSS 2023: Complete Guide to Police Power to Summon Persons with Exact Provision & Latest Case Laws
Introduction: Understanding the Rea
Section 195 of BNSS 2023: Complete Guide to Police Power to Summon Persons with Exact Provision & Latest Case Laws
Introduction: Understanding the Real Section 195 BNSS
If you've been searching for information about Section 195 of the Bharatiya Nagarik Suraksha Sanhita, 2023, let me clear up a common confusion right away. Many people mix this up with the old Section 195 of the CrPC (Code of Criminal Procedure, 1973), which dealt with cognizance of offences by courts. That's completely different.
The BNSS 2023 Section 195 is actually about "Power to Summon Persons" — giving police officers the authority to call witnesses and other persons during an investigation. This is a procedural power that corresponds to Section 175 of the old CrPC, not the old Section 195.
This change is part of India's massive criminal law reform that came into effect on July 1, 2024, replacing the colonial-era CrPC with the modern Bharatiya Nagarik Suraksha Sanhita, 2023. The new law brings important safeguards for vulnerable persons that didn't exist in the old code.
In this detailed article, I'll walk you through everything you need to know about Section 195 BNSS — the exact legal text, who can be summoned, who cannot be forced to attend, what protections exist, and the latest court judgments interpreting this provision in 2024 and 2025.
The Exact Text of Section 195 BNSS — Word for Word
Let me give you the complete, exact provision as it appears in the official Bharatiya Nagarik Suraksha Sanhita, 2023:
"195. Power to summon persons.(1) A police officer proceeding under section 194 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:Provided that no male person under the age of fifteen years or above the age of sixty years or a woman or a mentally or physically disabled person or a person with acute illness shall be required to attend at any place other than the place where such person resides:Provided further that if such person is willing to attend and answer at the police station, such person may be permitted so to do.(2) If the facts do not disclose a cognizable offence to which section 190 applies, such persons shall not be required by the police officer to attend a Magistrate's Court."
This is the official text from the Bharatiya Nagarik Suraksha Sanhita, 2023 as published by the government.
What Section 195 BNSS Actually Means in Simple Words
Let me break this down into plain language so anyone can understand:
The Core Purpose
Section 195 BNSS gives police officers the power to officially summon people during an investigation into deaths, suicides, or other matters covered under Section 194 BNSS (which corresponds to the old Section 174 CrPC about police inquiries and reports).
Who Can Be Summoned
The police can summon:
- Two or more persons who are already involved in the investigation
- Any other person who appears to be acquainted with the facts of the case
What the Summoned Person Must Do
Every person who is summoned:
- Must attend (it's legally binding)
- Must answer all questions truthfully
- BUT — and this is important — they don't have to answer questions that would expose them to:
- A criminal charge
- A penalty
- Forfeiture of property
This protection against self-incrimination is a fundamental safeguard inherited from the old CrPC and preserved in the new BNSS.
The Big Changes: New Protections in Section 195 BNSS
Here's where the BNSS 2023 makes significant improvements over the old CrPC. The new law adds two important provisos that didn't exist in Section 175 CrPC:
First Proviso — Protection for Vulnerable Persons
The law now explicitly protects these categories from being forced to attend anywhere other than their own residence:
- Any male person under 15 years of age
- Any male person above 60 years of age
- Any woman (regardless of age)
- Any mentally or physically disabled person
- Any person with acute illness
This is a major expansion of protections. The old CrPC only protected:
- Males under 15
- Males above 60
- Women
The BNSS adds two new categories:
- Mentally or physically disabled persons
- Persons with acute illness
This shows the new law's focus on inclusivity and protection of vulnerable groups.
Second Proviso — Voluntary Attendance Allowed
The law also recognizes that some protected persons may want to come to the police station voluntarily. So it says: if any of these protected persons willingly agree to attend the police station and answer questions, they can be permitted to do so.
This is a balanced approach — protection with flexibility.
When Can Police NOT Force Someone to Attend Court?
Sub-section (2) of Section 195 BNSS adds another important limitation:
If the facts of the case do not disclose a cognizable offence to which Section 190 BNSS applies, then the police cannot require the summoned persons to attend a Magistrate's Court.
This means:
- The police power to summon is limited to the investigation stage
- If no cognizable offence is found, the police cannot drag people into court proceedings
- This prevents harassment and abuse of police power
How Section 195 BNSS Connects to Other Sections
Understanding Section 195 requires knowing its relationship with other BNSS provisions:
Section 194 BNSS — The Trigger
Section 195 only applies when a police officer is "proceeding under section 194". Section 194 BNSS deals with police inquiries and reports on suicide, accidental death, or death under suspicious circumstances. This corresponds to Section 174 of the old CrPC.
Section 190 BNSS — The Cognizable Offence Test
Section 190 BNSS deals with cognizable offences — serious crimes where police can arrest without a warrant and investigate without magistrate permission. This corresponds to Section 170 of the old CrPC.
Sections 179 and 180 BNSS — Related Powers
These sections give police broader powers to require attendance and examine persons during regular investigations. Section 195 is specifically for summons during Section 194 inquiries.
Latest Case Laws and Judicial Interpretations (2024-2025)
Since the BNSS came into force on July 1, 2024, courts are still building jurisprudence around Section 195. However, several important judgments from 2024 and 2025 interpret related provisions and the underlying principles. Let me share the most relevant ones:
Supreme Court and High Court Judgments on Related Principles
I. Iqbal Singh Marwah v. Meenakshi Marwah (2005) — The Custodia Legis Principle
While this is an older case, it remains critically important in 2025. The Supreme Court held that Section 195(1)(b)(ii) CrPC (about court complaints for offences affecting administration of justice) applies only when an offence is committed with respect to a document after it has been produced or given in evidence in a proceeding in any Court — that is, during the time when the document is in custodia legis (under court custody).
This principle was reaffirmed in 2025 by the Bombay High Court in a significant anticipatory bail matter. The court noted that if a forged document is not part of court records and has not been produced in court proceedings, then the bar of Section 215 BNSS (which corresponds to old Section 195 CrPC about court complaints) does not apply.
Why this matters for Section 195 BNSS: The courts are carefully distinguishing between:
- Section 195 BNSS — police power to summon for investigation
- Section 215 BNSS — court's power to take cognizance of certain offences
These are completely different provisions with different purposes.
II. Narendra Kumar Srivastava v. State of Bihar, (2019) 3 SCC 318
The Supreme Court held that for offences affecting administration of justice, a private complaint is not permissible. The prosecution can only be initiated by a written complaint from the specific court in which the offence was allegedly committed.
This principle continues to guide courts in 2025 when interpreting Section 215 BNSS (the cognizance provision), which is often confused with Section 195 BNSS (the summons provision).
III. Bombay High Court Judgment — September 2025 (Anticipatory Bail Application No. 904-ABA-1516-2025)
In a significant September 2025 ruling, the Bombay High Court extensively discussed:
- The difference between Section 215 BNSS (court cognizance) and police investigation powers
- The custodia legis principle from Iqbal Singh Marwah
- When forged documents are subject to court complaint requirements
The court emphasized that police summoning powers under Section 195 BNSS operate independently of court cognizance restrictions under Section 215 BNSS.
IV. Delhi High Court Judgment — September 2025 (CRL.M.C. No. 1025/2012)
In a September 2025 ruling, the Delhi High Court addressed:
- Section 195 CrPC applicability to fabricated documents
- The principle that fabrication outside judicial proceedings doesn't attract the bar
- Police harassment through repeated summons
The court held that Section 195 CrPC (and by extension, the principles applicable to Section 195 BNSS) has no applicability when the alleged fabrication is committed outside the course of judicial proceedings or prior to production of a document before a Court.
The court relied on Iqbal Singh Marwah to hold that the statutory bar is confined to situations where the offence is committed in respect of a document forming part of judicial proceedings.
V. Devendra Kumar v. State (NCT of Delhi) — Supreme Court Observer Report, 2025
This 2025 Supreme Court case clarified that:
- Section 195 CrPC does not bar the trial for a distinct offence under Section 353 IPC (assault on public servant), even if based on the same facts as a prosecution under Section 186 IPC (obstructing public servant)
- The bar under Section 195 is not absolute and depends on the specific offence charged
VI. Karnataka High Court — July 2025 (CRL.P No. 508 of 2025)
In July 2025, the Karnataka High Court discussed:
- Section 195 CrPC as an exception to Section 190 CrPC
- The general rule that any Magistrate can take cognizance
- The limited exceptions where court complaint is required
This interpretive framework is being applied to BNSS provisions as courts transition to the new code.
VII. State of Kerala v. Suni @ Sunil — October 2025 (Supreme Court)
This October 2025 Supreme Court judgment cited Iqbal Singh Marwah and other precedents, continuing to develop the jurisprudence around court complaints and police powers.
Police Guidelines for Implementing Section 195 BNSS
Based on official police guidelines issued by state authorities in 2024 and 2025, here's how investigating officers must implement Section 195 BNSS:
Written Order Required
- The investigating officer must issue a written order requiring attendance or summons
- The order must be directed to a person acquainted with the facts and circumstances of the case
- The purpose is to examine the person and record their statement
Categories That Cannot Be Summoned to Police Station
The following cannot be required to attend at any place other than their residence:
- Any woman — complete protection regardless of age
- Male person under 15 years — minor boys protected
- Male person above 60 years — senior citizens protected
- Mentally or physically disabled person — new protection in BNSS
- Person with acute illness — new protection in BNSS
Voluntary Attendance Permitted
If any protected person willingly wants to come to the police station, they may be permitted to do so. This is not mandatory but permissive.
Jurisdictional Limitation
A person not residing within the jurisdiction of the police station or adjoining police stations generally cannot be called for examination. However, they can be called personally to the police station for:
- Production of a document required during investigation
- Examination related to that document
Examination at Residence
For protected categories, the police must:
- Go to their residence to examine them
- Record their statement at their home
- Not force them to travel to the police station
Practical Implications for Common Citizens
If You Receive a Summons Under Section 195 BNSS:
- You must attend — it's legally binding
- You must answer truthfully — lying can lead to charges
- You can refuse to answer if the answer would expose you to criminal charge, penalty, or forfeiture
- If you're in a protected category, you can insist on being examined at your residence
- If you're willing to go to the police station, you can volunteer to do so
If You're a Woman or Protected Person:
- Know your rights — you cannot be forced to attend anywhere other than your residence
- Police must come to you for examination
- You can choose to go to the police station if you prefer
If No Cognizable Offence is Found:
- The police cannot force you to attend a Magistrate's Court
- Your involvement ends with the investigation
Common Misconceptions About Section 195 BNSS
Misconception 1: "Section 195 BNSS is about court cognizance"
WRONG. That's Section 215 BNSS (corresponding to old Section 195 CrPC). Section 195 BNSS is about police power to summon persons for investigation.
Misconception 2: "Police can summon anyone anywhere"
WRONG. There are strict limitations on:
- Who can be summoned (must be acquainted with facts)
- Where protected persons can be examined (at their residence)
- When the power applies (only during Section 194 proceedings)
Misconception 3: "The new law reduces protections"
WRONG. The BNSS expands protections by adding disabled persons and persons with acute illness to the protected categories.
Conclusion: Section 195 BNSS as a Tool for Balanced Investigation
Section 195 of the Bharatiya Nagarik Suraksha Sanhita, 2023 represents a carefully balanced approach to police investigation powers. It gives police the necessary authority to summon witnesses and gather information during death inquiries and suspicious death investigations, while protecting vulnerable persons from unnecessary hardship.
The key improvements over the old CrPC include:
- Expanded protected categories (disabled and ill persons)
- Explicit voluntary attendance provision
- Clear written order requirement
- Maintained self-incrimination protection
As courts continue to interpret this provision in 2024, 2025, and beyond, we can expect more detailed guidance on:
- What constitutes "acute illness"
- How disability is determined
- The scope of "acquainted with the facts"
- Remedies for unlawful summons
For now, both police officers and citizens should understand that Section 195 BNSS is a procedural power with built-in safeguards — not a tool for harassment, and not a restriction on legitimate investigation.
Source Links and References
Official Government Sources:
- Bharatiya Nagarik Suraksha Sanhita, 2023 — Official Act as passed by Parliament: https://prsindia.org/files/bills_acts/bills_parliament/2023/Bharatiya_Nagarik_Suraksha_Sanhita,_2023.pdf
- Bharatiya Nagrik Suraksha Sanhita-2023 (English) — Official PDF: https://ncr.indianrailways.gov.in/uploads/files/1748345436399-Bharatiya%20Nagrik%20Suraksha%20Sanhita-2023(English).pdf
- Key Provisions of Bharatiya Nagarik Suraksha Sanhita — Study Material: https://csja.gov.in/pdf/study_material/Key%20provisions%20of%20Bharatiya%20Nagarik%20Suraksha%20Sanhita.pdf
- Handbook on Bharatiya Nyaya Sanhita, 2023 — BPRD Publication: https://bprd.nic.in/uploads/pdf/BNS%20Book_After%20Correction.pdf
Legal Databases and Case Law Sources:
- Indian Kanoon — Section 195 BNSS: https://indiankanoon.org/doc/74086130/
- Vidhi Judicial — Section 195 BNSS: https://vidhijudicial.com/section-195-of-the-bharatiya-nagarik-suraksha-sanhita,-2023.html
- Testbook — Section 195 BNSS MCQ: https://testbook.com/question-answer/under-section-195-of-bnss-who-can-a-police-office--695cf69eb23ba06873a94b12
Police Guidelines:
- Haryana Police Guidelines on Sections 179, 180, 181, 195 BNSS: https://bprd.nic.in/uploads/table_c/Section%20of%20BNSS%20179,180,181,195.pdf
Supreme Court and High Court Judgments:
- Supreme Court Observer — Devendra Kumar v. State (NCT of Delhi): https://www.scobserver.in/supreme-court-observer-law-reports-scolr/courts-cognisance-of-offences-involving-obstruction-of-public-servants-scolr-devendra-kumar-v-state-nct-of-delhi-complaint-by-public-servant/
- Indian Kanoon — Section 195 CrPC Case Laws: https://indiankanoon.org/search/?formInput=section%20195%20cr.p.c%20%20%20&pagenum=4
- Delhi High Court Judgment — September 2025: https://delhihighcourt.nic.in/app/showFileJudgment/SVN17092025CRLMM10252012_202553.pdf
- Bombay High Court Judgments — 2025: https://bombayhighcourt.nic.in/
- Vidhi Judicial — Landmark Judgments on CrPC/BNSS: https://vidhijudicial.com/landmark-judgements-on-code-of-criminal-procedure.html
Research and Analysis:
- Nishith Desai Associates — Navigating Criminal Law Reforms: https://nishithdesai.com/hotline.aspx/navigating-through-criminal-law-reforms-part-ii-review-of-bharatiya-nagarik-suraksha-sanhita-2023-replacing-the-code-of-criminal-procedure-1973-14897
Disclaimer: This article is for informational and educational purposes only. It does not constitute legal advice. For specific legal matters, please consult a qualified advocate. The case laws and provisions cited are based on publicly available sources as of June 2026.
COMMENTS