Power to summon persons
Section 175 of the Code of Criminal Procedure, 1973 deals with power to summon persons. A police officer proceeding under section 174, 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 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
(1) A police officer proceeding under section 174, 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.
(2) If the facts do not disclose a cognizable offence to which section 170 applies, such persons shall not be required by the police officer to attend a Magistrate's Court.
Section 175, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 195 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 The repealed enactment still governs what happened while it was in force.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.
This section refers to
Referred to by 1
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.
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Sandeep Kumar @ Sunny vs State of Punjab
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 175
What have the courts held on Section 175 of the Code of Criminal Procedure?
Sandeep Kumar @ Sunny vs State of Punjab (14 May 2024) is the leading judgment on this section among those set out below: 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 175 of the Code of Criminal Procedure?
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: CRPC 175, section 175 CRPC, section 175 of the Code of Criminal Procedure. People searching for it also type crpc 175(3) and crpc 175 in bnss. 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 175 of the Code of Criminal Procedure, and has it changed?
Its own text turns on section 170 (Cases to be sent to Magistrate, when evidence is sufficient), section 174 (Police to enquire and report on suicide, etc), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it. For anything done on or after 1 July 2024 the provision to read is BNSS 195 (Power to summon persons), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 175 of the Code of Criminal Procedure come into force?
Section 175 of the Code of Criminal Procedure, cited as CRPC 175, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 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. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.