Power to summon persons
Section 195 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with power to summon persons. 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 The Act came into force on 01 Jul 2024.
(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.
Section 195, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 175 Power to summon persons Text carried over almost unchanged 95%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
-
Sandeep Kumar @ Sunny vs State of Punjab
Decided under Code of Criminal Procedure 175, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
To constitute abetment of suicide under Section 306 IPC read with Section 107 IPC, there must be instigation of such intensity that it is intended to push the deceased to a position where he has no choice but to commit suicide, and such instigation must be in close proximity to the act of suicide. Mere harassment, insults, defamation, and demands for money in a business partnership do not constitute abetment unless there is positive act of instigation with mens rea. The test to be applied is whether a normal person of ordinary prudence would commit suicide under similar circumstances. If an ordinary person would not commit suicide but the deceased did due to hypersensitive nature or other contributing factors, the proceedings should be quashed. Being named in a suicide note alone does not establish culpability for abetment until the ingredients of the offence are made out.
On this section: Inquest proceedings - the court considered the inquest report and statements recorded under Section 175 CrPC, which initially indicated natural death with no foul play.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 195
What have the courts held on Section 195 of the Bharatiya Nagarik Suraksha Sanhita?
Sandeep Kumar @ Sunny vs State of Punjab (14 May 2024) is the leading judgment on this section among those set out below, though it was decided under CRPC 175, which this section replaced -- the court never mentioned this Act: Inquest proceedings - the court considered the inquest report and statements recorded under Section 175 CrPC, which initially indicated natural death with no foul play.
How do I find court cases under Section 195 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 195, section 195 BNSS, section 195 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bns 195 2 in hindi and 195 bnss in crpc. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Sandeep Kumar @ Sunny vs State of Punjab (14 May 2024).
What should I read with Section 195 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
Its own text turns on section 190 (Cases to be sent to Magistrate, when evidence is sufficient), section 194 (Police to enquire and report on suicide, etc), so none of them can safely be read on its own. It carries forward CrPC 175 (Power to summon persons), so the judgments decided under that provision are the case law on this one.
When did Section 195 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 195 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 195, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.