सं Samvidhan

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 191

Complainant and witnesses not to be required to accompany police officer and not to be

Why this exists

This provision protects ordinary citizens—complainants and witnesses—from being treated like suspects or accused persons. Historically, police sometimes misused their power by forcing witnesses to physically accompany them, causing harassment, loss of dignity, and unnecessary inconvenience. The law recognizes that witnesses are helping the justice system voluntarily and should not be burdened with restraints or demands for costly sureties, only a simple personal bond. It balances this protection with a safeguard for the state: if someone genuinely refuses to cooperate despite lawful process, the Magistrate—not the police alone—can enforce attendance through custody.

Common misconceptions
  • Myth: Witnesses can be treated like accused persons and made to travel under police escort.
    Fact: The law specifically forbids requiring witnesses or complainants to accompany police officers or face unnecessary restraint.
  • Myth: Witnesses must pay money or provide a surety (like a guarantor) to ensure they appear in court.
    Fact: Only their own personal bond—a written promise—is required, not financial security from others.
  • Myth: Police have unlimited power to detain uncooperative witnesses on their own.
    Fact: Police can only forward a refusing witness to a Magistrate, who alone decides whether to detain them in custody.