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The police called me for questioning in Patna. Should I go alone?

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(@Sahil Joshi)
Joined: 1 month ago
[#1212]
Patna Police have asked me to appear for questioning in connection with an investigation. What precautions should I take before attending?

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Posts: 2689
(@advocate-mudit-pratap)
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Joined: 2 months ago

No — not in the sense of going without preparation and without knowing your rights. Let me be direct: when the Patna Police call you for questioning, the right response is informed and cooperative attendance, not panic and not defiant refusal. The difference between those who emerge from police questioning unharmed and those who are seriously damaged by it comes down almost entirely to preparation.

When the Bihar Police or the Patna Police Commissionerate issue a written notice under Section 179 of the BNSS (formerly Section 160 CrPC) requiring you to attend for questioning as a person acquainted with the facts of a case, you are generally expected to comply. Ignoring a lawful Section 179 notice can itself create complications. But compliance comes with real, legally protected rights. Section 179 BNSS contains important safeguards: persons under fifteen or over sixty years of age, women, and persons with disabilities or serious illness cannot be required to attend the police station and must be examined at their residence or another suitable place. If you fall into any of these categories, assert that right clearly in writing.

More broadly, your constitutional protection under Article 20(3) — the right against self-incrimination — applies throughout the investigation. You are not obliged to answer questions that would tend to incriminate you. You have the right to consult a lawyer before and during the investigative process, and the BNSS embeds this right. Having a criminal defence advocate from the Patna panel of Aapka Legal Advice brief you in detail before you attend — on the case, on what you are and are not obliged to answer, and on how questioning is conducted at the relevant Patna police station or Commissionerate office — is not a sign of guilt; it is the basic protection of your fundamental rights. Attend as required, be respectful and cooperative in manner, but go in knowing your rights.


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