Police called me to the station as a witness. Do I have to go?

Simple answer

Usually yes, if you get a written order and live within that police station's area or a neighbouring one. But women, males under 15 or over 60, people with disabilities and the acutely ill cannot be made to go; police must question them where they live.

Real-life examples

Joseph saw a bike being stolen outside his shop in Kochi. The investigating officer gave him a written order to come to the station. Joseph went, told what he saw, and was not asked to sign his statement.

Police asked 67-year-old Harbans Singh to come to the station as a witness. Because he is over 60, he cannot be made to go. Police must question him at his home, unless he chooses to go.

While being questioned as a witness, Ayesha was asked something whose answer could make her an accused. She can refuse to answer that question, but must answer the others truthfully.

What should you do?

1Ask for the order in writing. Check the case number, the section (179) and the officer's name.
2If you are a woman, a male under 15 or over 60, disabled or acutely ill, ask police to question you at home.
3Go at the given time with your ID, and tell a family member where you are going.
4Tell only what you know, truthfully. You need not answer questions that could expose you to a criminal charge.
5Don't sign your statement: the law says statements to police are not to be signed. Ask whether travel expenses are paid.
6If police start treating you as a suspect, threaten you or pressure you to confess, contact a lawyer at once.

Exceptions & limits

If the notice is under Section 35, you are being treated as a suspect, not a witness. Talk to a lawyer.
Police can call witnesses this way only from within their own or an adjoining police station's area.
Intentionally ignoring a valid written order without good reason can be an offence, punishable with up to 1 month in jail or a fine of up to ₹5,000.

Official legal reference

Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 179
Police can order a witness in writing to attend; women, males under 15 or over 60, and disabled or acutely ill persons can't be required to leave home.
Earlier: CrPC Section 160Read the official text
Bharatiya Nagarik Suraksha Sanhita, 2023 — Sections 180, 181
A witness must answer truly, except self-incriminating questions; statements may be video-recorded; statements to police are not signed.
Earlier: CrPC Sections 161, 162Read the official text
Bharatiya Sakshya Adhiniyam, 2023 — Section 23
A confession made to a police officer, or in police custody unless before a Magistrate, cannot be proved against the accused.
Earlier: IEA Sections 25, 26, 27Read the official text
Constitution of India — Article 20(3)
No person accused of an offence can be forced to be a witness against himself or herself.
Read the official text
Bharatiya Nyaya Sanhita, 2023 — Section 208
Intentionally not attending as legally required by a notice or order from a competent public servant: up to 1 month's jail, ₹5,000 fine, or both.
Earlier: IPC Section 174Read the official text

Where to get help

NALSA Free Legal Aid

Free lawyer and legal advice for eligible people through Legal Services Authorities.

Call 15100 nalsa.gov.in

Source & status

Applies to: Varies by state; Travel expenses for witnesses called away from home are paid under state rules, so whether and how much you get differs by state. State police rules on recording statements may also differ.
Law in force since: 1 Jul 2024
Legal review: Draft — awaiting lawyer review

Educational information, not legal advice for your case. Exact facts and the law that applies matter — speak to a lawyer before acting.