by Police - Bureau of Police Research and Development

The Indian Police Journalwith the fact and circumstances of the case, in the Police Station andinterrogate him:by order in writing, require the attendance before himself ofany person being within the limits of his own or any adjoiningstation, who from the information giver or otherwise, appears tobe acquainted with the fact and circumstances of the case; andsuch person shall attend as so required.” 2Police Station acquainted with the fact and circumstances. In Sec. 161, terms forthe person to be examined has been used “any person supposed tobe acquainted” and in Sec. 160, which is empowering to call suchperson for examination “any person appears to be acquainted withfact and circumstances”. These expressions are very wider and confer own knowledge or on the basis of evidences collected or on the basisof circumstances of the case that such person have any information examine accused person also, because accused person is supposedthat he may have committed crime therefore, he is supposed to beacquainted with the fact and circumstances. In Sec. 161 in main textterm is used ‘supposed to be acquainted’ and in Sec. 160 ‘appears to beacquainted’, which are including accused person but in marginal noteof both sections. ‘Examination of witness’ and ‘Required attendance ofwitness’ terms are used respectively. Accused is not a witness in a caseunless he voluntarily produces himself as witness for his own defenceu/s 315 of Cr.P.C. Therefore, accused is not considered as witness in acriminal case. It creates confusion that when accused is not a witnesshim and for this purpose may require his attendance before him u/s160 Cr.P.C. This question was also raised before the Supreme Courtof India in the case of Nadini Satpathi v. P.L. Dani AIR1978 SC 1025.This case was decided by Justice V.R. Krishna Iyer and he observedthat marginal note cannot command the meaning of main text:“They reached the conclusion that ‘any person’ in Sec. 161Cr.P.C.; would include persons then or ultimately accused. The120 January - March, 2013