Called for enquiry/ statement for suicide case in other state

999 votes

Under the law, the police cannot compel a woman to come to the police station—they must record your statement at your residence. ​Under Section 179 of the Bharatiya Nagarik Suraksha Sanhita (BNSS, formerly Section 160 of CrPC), no woman can be required to attend any place other than her place of residence for an inquiry or statement recording. ​Key legal aspects regarding your query: ​In-Person at Residence: Police cannot force you to travel to another state or visit the station. The Investigating Officer (IO) must either visit your current location/residence or coordinate with local police in your state to record your statement. ​Over Call or Written: Statements under Section 180 BNSS (Section 161 CrPC) are required to be taken in person by the investigating officer. While submitting a written statement via post or email is helpful, it generally cannot fully substitute an in-person recording by the officer. Giving a statement over a phone call is legally insufficient. ​Formal Response to Notice: Reply to the written notice via registered post or email, stating that under Section 179 of BNSS, you are ready to cooperate with the inquiry and record your statement at your current residence.

Advocate Preeti Kumari LawRato

882 votes

As per Section 160 CrPC / Section 179 BNSS, a woman cannot be called to the police station. The police can record her statement at her residence in the presence of a female officer. However, if I am unable to appear personally due to distance, I request you to kindly permit me to give my statement through video conferencing, or accept a written statement on affidavit duly attested by a Notary/Executive Magistrate of my local jurisdiction. Please share the email/WhatsApp for sending the same and also inform the IO about this so that my statement can be recorded as per law

Advocate Anchal LawRato

817 votes

You may connect with a lawyer and seek legal consultation for your ongoing issue. Do engage a lawyer and brief him. An advocate will be able to assist you on this. For recording statement you need to visit the police station personally. However, you should engage a lawyer and act as per his advice

Advocate Anubhav Kathuria LawRato

557 votes

As per 180(3) BNSS, such statements can be recorded through Audio Visual means. There is no necessity for you to go to the place and record your statement. Also, as you are a women, you can't be forced by authorities to visit the PS for giving your statement. Although there might be technicalities involved, hence it's best to consult so that matter can be handled professionally thereby causing least problem.

Advocate Anunay Sahay LawRato

708 votes

The statement cannot be recorded over phone call. If they are calling you for the same than they have to sent a summon to you to come to the police station and record your statement there only. Any call relating to the same is not legally enforceable.

Advocate Prashant Sharma LawRato