Is it mandatory to join inquiry by police?

[Govind singh]

Dear Sir,

In dispute between my wife and my family, my parents filed complaints for violence against them by my wife and her family members to Human Rights Commission, who directed state police vigilance to conduct inquiry of their complaint and police inaction on their complaints. Vigilance branch is asking me to join inquiry and give statements. Complaint of my parents is against my wife and her family and not against me.
My questions are:
1. Is it mandatory for me to join police inquiry despite no allegations against me by my parents?
2. Can i refuse to give get examined by police during their inquiry or to give statements to police to avoid disclosing certain facts which are part of my defence in court case by my wife against me?
3. What action can be taken by police against me for refusing to join inquiry or for refusing to give statement to their satisfaction?

Thank you very much.
Regards,
Govind

[Dr. Ashok Dhamija]

Presuming that the police officer has the legal power to call you to question you, you are supposed to attend. Right to silence is one thing (if you are accused, you have right not to answer the question that may incriminate you), but not attending when summoned to appear is another thing. It may also be possible that the police may be calling you as a witness and not as an accused person.

Have a look at the following legal provisions from the Indian Penal Code in this regard:

174. Non-attendance in obedience to an order from public servant.—Whoever, being legally bound to attend in person or by an agent at a certain place and time in obedience to a summons, notice, order or proclamation proceeding from any public servant legally competent, as such public servant, to issue the same,
intentionally omits to attend at that place or time, or departs from the place where he is bound to attend before the time at which it is lawful for him to depart,
shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both;
or, if the summons, notice, order or proclamation is to attend in person or by agent in a Court of Justice, with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

179. Refusing to answer public servant authorised to question.—Whoever, being legally bound to state the truth on any subject to any public servant, refuses to answer any question demanded of him touching that subject by such public servant in the exercise of the legal powers of such public servant, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

187. Omission to assist public servant when bound by law to give assistance.—Whoever, being bound by law to render or furnish assistance to any public servant in the execution of his public duty, intentionally omits to give such assistance, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both;
and if such assistance be demanded of him by a public servant legally competent to make such demand for the purposes of executing any process lawfully issued by a Court of Justice, or of preventing the commission of an offence, or of suppressing a riot, or affray, or of apprehending a person charged with or guilty of an offence, or of having escaped from lawful custody, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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