| Vadodara Police have asked me to appear for questioning in connection with an investigation. What precautions should I take before attending? |
The straightforward answer is: do not go unprepared, and ideally do not go without having consulted a lawyer beforehand and, where possible, without having one available during the questioning. The difference between clients who emerge from Vadodara Police questioning without harm and those who are seriously damaged by it comes down almost entirely to preparation and knowledge of their rights.
When the Vadodara Police Commissionerate or any Gujarat Police officer issues 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 expected to comply. Ignoring a lawful notice can create complications. However, compliance comes with legally protected rights that you must know before you walk in. Section 179 BNSS contains specific safeguards: persons under fifteen or over sixty, women, and persons with disabilities or acute illness cannot be required to attend the police station and must be examined at their residence or another appropriate place. If any of these applies to you, assert it clearly in writing before attending.
Beyond these specific safeguards, your constitutional right under Article 20(3) against self-incrimination protects you throughout the investigation. You are not obliged to answer any question whose answer would tend to incriminate you. You have the right to consult a lawyer before and during investigation. Having a criminal defence advocate from the Vadodara panel of Aapka Legal Advice brief you thoroughly on the case, on your rights, and on what you are and are not obliged to answer — before you attend the Vadodara Police Commissionerate or the relevant police station — is not a sign of guilt or obstruction. It is the basic, prudent protection of your fundamental rights. Attend as required, be respectful in manner, but go in knowing your rights: do not volunteer speculation, do not sign anything without reading it, and do not answer self-incriminating questions without advice.