Can the Police summon a person/proposed accused without registering an FIR?

You can read about Top 3 Points for Quashing Illegal Summons here.

Section 160 of the Code of Criminal Procedure, 1973 provides for issuing summons for attendance of a witness for helping in an investigation. However, in recent times, the Police tend to use the power under Section beyond it’s scope. Section 160 of the Code of Criminal Procedure, 1973 is extracted hereunder for east reference:

Section 160 of the Code of Criminal Procedure, 1973 provides for issuing summons for attendance of a witness for helping in an investigation. However, in recent times, the Police tend to use the power under Section beyond it’s scope. Section 160 of the Code of Criminal Procedure, 1973 is extracted hereunder for east reference:

160. Police officer’ s power to require attendance of witnesses.(1) Any police officer, making an investigation under this Chapter may, by order in writing, require the attendance before himself of any person being within the limits of his own or any adjoining station who, from the information given or otherwise, appears to be acquainted with the facts and circumstances of the case; and such person shall attend as so required: Provided that no male person under the age of fifteen years or woman shall be required to attend at any place other than the place in which such male person or woman resides.

(2) The State Government may, by rules made in this behalf, provide for the payment by the police officer of the reasonable expenses of every person, attending under sub- section (1) at any place other than his residence.

Section 160 of the Code of Criminal Procedure, 1973

I see that is a recent spike in the number of cases wherein police are issuing summons in many cases even before registering a FIR. In many cases, summons is being issued to a person against whom the complaint has been given. In this blog post, we shall be seeing whether the issuance of these summons has the authority of law. I shall split the question into smaller parts for the purpose of easy understanding.

How does the Police issue summons and what does it contain?

The Police, after the commencement of Investigation, may issue summons to any person who appears to be acquainted with the facts and circumstances of the case. The summons would usually contain the date, time and place where the attendance is required and would be issued by a Police officer. It is also important that the summons specifies the Crime Number for which an investigation is being made.

What does “making an Investigation” mean?

Investigation has been defined under the Code of Criminal Procedure in Section 2(h) as ” investigation” includes all the proceedings under this Code for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorised by a Magistrate in this behalf;

In simple terms, the investigation commences only after the Police registers a FIR under Section 154 of Cr.P.C. Without the registration of a FIR, the Police cannot investigate into an offence. Therefore, if a summons is issued prior to the registration of a FIR, it is illegal and is liable to be quashed.

How to know if a FIR has been registered when a summons is issued?

In a summons issued by a Police under Section 160 Cr.P.C., the Police would state that a person is summoned with regard to a case specifying the Crime Number (FIR Number). If instead of the Crime Number, any other number is specified (such as a CSR number), then usually it can inferred that the FIR has not been registered.

Can a person against whom a Police Complaint has been issued be given a summons under Section 160 Cr.P.C.?
In legal terms, this question is”Whether a proposed accused can be summoned by Police under Section 160 Cr.P.C.?”

When a complaint is given to Police against a person, the person cannot be termed as an accused until the FIR is registered. However, the logical answer to the question can be deduced as follows:

  • Firstly, until the registration of a FIR, the police cannot summon any person under Section 160 Cr.P.C. as the investigation is yet to commence. Section 160 Cr.P.C. only after the registration of FIR under Section 154 Cr.P.C. and without registering a FIR, the Police cannot require the attendance of a person, either in the capacity of a witness or in the capacity of a proposed accused.
  • Secondly, after registration of FIR, the Police has the power to summon only a witness and not the accused person. So, the Police cannot summon an accused person un
How to act in cases where an illegal summons has been issued to a person?

If an illegal summons is being issued to a person, requiring his attendance, he may move the High Court under the Inherent Powers conferred under Section 482 seeking to quash such summons. If the person faces harassment in the hands of the Police, the person may also seek protection against such harassment.

You can read about few important decisions on Section 160 Code of Criminal Procedure here. Those are the top 5 Points that can be raised in Section 160 Cr.P.C.


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One response to “Can the Police summon a person/proposed accused without registering an FIR?”

  1. […] have extensively dealt with Section 160 Cr.P.C. in this Blog Post. I though it would be useful to cover the Top 5 Points in Section 160 Cr.P.C. Few important […]

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