| Kanpur Police have asked me to appear for questioning in connection with an investigation. What precautions should I take before attending? |
No — not in the sense of going unprepared and unguided. Let me be direct: when the Kanpur Police call you for questioning, the correct response is not panic and not defiant refusal, but informed, prepared cooperation. The distinction between those who come through police questioning unscathed and those who are seriously harmed by it comes down almost entirely to preparation.
When the police issue a written notice under Section 179 of the BNSS (formerly Section 160 CrPC) requiring your attendance for questioning as a person acquainted with the facts of a case, you are generally obliged to comply. Non-compliance with a lawful Section 179 BNSS notice can itself create complications. But compliance does not mean vulnerability: the law builds in real protections that you must know and assert. Certain persons cannot be required to attend the police station — those who are under fifteen years of age, over sixty, women (who must be examined at their own residence), and persons with disabilities or serious illness. If you fall into one of these categories, you should communicate this and insist on examination at an appropriate place.
More importantly, Article 20(3) of the Constitution protects every person against compelled self-incrimination. You are not obliged to answer questions whose answers would tend to incriminate you, and this protection applies at the police questioning stage as much as in court. You also have the right to consult a lawyer before and during the investigation process, and the BNSS embeds this right explicitly. Having a Kanpur criminal defence advocate brief you in detail before you attend — on the case, the likely questions, what you are and are not obliged to answer, and how police questioning is conducted at the relevant station — is not a sign of guilt; it is basic protection of your fundamental rights. Some lawyers attend alongside their clients; others remain available by phone throughout.
The practical guidance is simple: attend the questioning as required, be respectful and cooperative in demeanour, but go in knowing your rights — do not sign anything without reading it, do not make informal admissions or speculative statements, and do not answer self-incriminating questions without advice. Police questioning is a formal legal step, not a casual conversation, and treating it as such — with preparation and legal support — is what protects you.
