Importance of Section 160 of Cr. P. C.

Section 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.

IN THE SUPREME COURT OF INDIA
Appellants: Nandini Satpathy Vs. Respondent: P.L. Dani and Anr. AIR1978SC1025

The very act of directing a woman to come to the police station in violation of S. 160 (1) may make for tension and negate voluntariness.

IN THE HIGH COURT OF CALCUTTA
Decided On: 30.03.1973 Appellants: Rukmani Debi Kashuka Vs. Respondent: Jadu Nath Misra and Ors.

That apart some meaning has to be given to the limitation imposed by Section 160 when it says that the power under this provision can be exercised only in respect of persons being within the limits of the jurisdiction of the Investigating Officer or any adjoining station. Certainly this provision furnishes no authority for an Investigating Officer of Orissa to send a requisition to a person at Calcutta more so when the proviso to this section further enjoins that no woman shall be required to attend any place other than the place where she resides. Infringement of these statutory limitations in my opinion, does not only render the requisition illegal but with-out jurisdiction too.

1995CriLJ2754 IN THE HIGH COURT OF MADRAS
Appellants: A. Nallasivan Vs. Respondent: State of Tamil Nadu and others
Taking into account the above said proviso to S. 160 of the Criminal P.C. the abovesaid detention of 90 women and 28 children at the Forest Ranger's Office, Harur on 20-6-1992, appears to be illegal, offending their fundamental rights.

Prepared by Vipin Bhatt
HAQ: Centre for Child Rights