by Police - Bureau of Police Research and Development

The Indian Police Journalwith the facts and circumstances of the case’ includes an accused have committed the crime and must, therefore, be familiar withnot repel the section. Nor does the marginal note ‘examinationof witnesses by police’ clinch the matter. A marginal noteclears ambiguity, but does not control meaning. Moreover, the a witness’, from a functional angle, is to impart knowledge inrespect of a relevant fact, and that is precisely the purpose ofquestioning the accused under Sec. 161 Cr.P.C. The dichotomybetween ’witness’ and ‘accused’ used as terms of art, does not accused person and u/s case may call such person in Police Station by issuing written orderto person when such person is present for time being in the area ofreceiving written order, called person is bound to appear beforehe is liable to be punished u/s 174 I.P.C. If such called person isu/s 41 Cr.P.C. and now in pursuance of direction issued by Police arrest accused u/s 41-A Cr.P.C. The atmosphere of the Police Stationis not encouraging and conducive for child and female; personalityof children may be affected and in case of females, the situation maybe depraving as was the situation in Mathura rape case (Tukaram v.State of Maharashtra) 3 therefore, Sec. 160 Cr.P.C. provides immunity age, if needed to be interrogated, only they can be examined at theirresidence and cannot be called in Police Station. Proviso to Sec. 160(1)Cr.P.C. provides:woman shall be required to attend at any place other than theplace in which such male person or woman resides.”In case of rape victim in interest of justice bar on police power, to callthe victim in Police Station to interrogate, is imposed under CriminalJanuary - March, 2013121