Andhra Pradesh High Court Ruling On Section 179 BNSS: Power Of Police Officer Limited

The Andhra Pradesh High Court has clarified the powers granted to police officers under Section 179(1) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), restricting their ability to compel the attendance of “any person” acquainted with the facts of a case. The judgment limits a police officer’s authority to summon only individuals residing within the limits of their police station or any adjoining station. The Court emphasized that Section 179(1) does not endow officers with jurisdiction to call persons who reside outside these specified territorial areas, reinforcing that such individuals cannot be forced to appear merely by virtue of notice. Exceptions are specified under the first proviso, including males under 15 or above 60, women, the disabled, or those with serious illness, who are not legally obliged to attend. Willing persons may still provide statements at their residence or neutral locations if desired. Justice Venkata Jyothirmai Pratapa, adjudicating the case, reasoned that police can issue notice but cannot enforce appearance against these excluded groups, thus shielding vulnerable populations from unnecessary inconvenience or coercion. The facts revolved around a petitioner residing in Noida, issued repeated notices despite age and ill health, ultimately agreeing to cooperate under more accommodating circumstances. The State argued that written orders could still secure attendance, but the Court found this contrary to the limits of Section 179 and its provisos. The ruling concluded by allowing investigation at the person’s residence or via electronic means—with legal counsel present—highlighting procedural fairness and territorial boundaries in investigative practice.