Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 191: Complainant and witnesses not to be required to accompany police officer and not to be subjected to restraint.
No complainant or witness on his way to any Court shall be required to accompany a police officer, or shall be subjected to unnecessary restraint or inconvenience, or required to give any security for his appearance other than his own bond:
Provided that if any complainant or witness refuses to attend or to execute a bond as directed in section 190, the officer in charge of the police station may forward him in custody to the Magistrate, who may detain him in custody until he executes such bond, or until the hearing of the case is completed.
Brefe Detail
This section outlines the rights of complainants and witnesses when attending court. It states that they should not be forced to accompany police officers or face unnecessary restraints. If they refuse to cooperate with bond requirements, they may be forwarded to a Magistrate for further action.
Question & Answers
What rights do complainants and witnesses have regarding police officers?
A: They are not required to accompany police officers or face unnecessary restraint or inconvenience.
Can a complainant or witness be required to provide security for their appearance?
A: No, they should only provide their own bond unless they refuse to cooperate.
What happens if a complainant or witness refuses to attend or execute a bond?
A: The officer in charge may forward them to a Magistrate, who can detain them until they execute the bond or until the case is heard.
Example
- A complainant going to court cannot be forced to travel with a police officer.
- A witness should not face unnecessary inconveniences while attending a hearing.
- If a witness refuses to sign a bond, they may be taken into custody by the officer and presented to a Magistrate.
Summary
Section 191 ensures that complainants and witnesses are treated with respect and are not unduly restrained while attending court. It emphasizes their right to travel freely and only to provide their bond unless they refuse to cooperate, in which case legal procedures may be initiated.
