Gazette of DNH And DD, No. 12, 26 December 2025

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भारत सरकार / Government of India

सरकारी राजपत्र OFFICIAL GAZETTE

संघ प्रदेश दादरा एवं नगर हवेली तथा दमण एवं दीव प्रशासन U.T. ADMINISTRATION OF DADRA AND NAGAR HAVELI AND

DAMAN AND DIU

श्रेणी - १

SERIES - I

प्राधिकरण द्वारा प्रकाशित / PUBLISHED BY AUHTORITY

Daman 26th December, 2025 5 Pausha, 1947 (Saka) No. : 12

U.T. Administration of

Dadra & Nagar Haveli and Daman & Diu,

Home Department,

Secretariat, Vidyut Bhawan,

Kachigam, Nani Daman.

No. Dy.SP(HQ)/NCL/Rules/2025-26/1546 Dated 28/11/2025

NOTIFICATION

In exercise of the powers conferred by sub-section (2) of Section 179 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) in its application to the Union Territory of Dadra Nagar Haveli & Daman & Diu read with Government of India, Ministry of Home Affairs, Notification bearing No. S.O. 2506(E) dated 28.06.2024, the Administrator, UT of Dadra Nagar Haveli & Daman & Diu hereby makes the following rules, namely: —

1. 1. Short title, extent and commencement. —

(1) These rules may be called the "Dadra Nagar Haveli & Daman & Diu Witness Attendance Order Rules, 2025".

(2) They shall extend to the whole of the Union Territory of Dadra Nagar Haveli & Daman & Diu.

(3) They shall come into force on the date of their publication in the Official Gazette.

2. Definitions. —

(1) In these rules, unless the context otherwise requires, —

(a) "Annexure" means the Annexure appended to these rules,

(b) "FIR" means the First Information Report registered under section 173 of the Sanhita;

(c) "Informant" means the person who first provided information relating to the commission of an offence, as recorded in the FIR under section 173 of the Sanhita;

(d) "Investigating Officer" means the officer-in-charge of a police station or any other officer authorized under the Sanhita to conduct an investigation;

(e) "Witness" means any person who appears to be acquainted with the facts and circumstances of the case under investigation, as referred to in section 179(1) of the Sanhita;

(f) "Written Order" means the order issued in writing by the investigating officer under section 179(1) of the Sanhita to require the attendance of a witness;

(g) "Sanhita" means the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023).

(2) Words and expressions used but not defined in these rules shall have the meanings respectively assigned to them in the Sanhita.

3. Form of Written Order. —

(1) The written order issued by the investigating officer under section 179(1) of the respectively assigned to them in the Sanhita to require the attendance of a witness shall be as specified in Annexure-A.

(2) The written order shall contain, —

(a) The name, address, and contact details (if available) of the witness;

(b) The FIR number, date, and police station details related to the case under investigation;

(c) A brief description of the case and the reason for which the witness's attendance is required;

(d) The date, time, and place where the witness is required to attend;

(e) A statement informing the witness of the protections provided under the first proviso to section 179(1) of the Sanhita, including that no male person under the age of 15 years or above the age of 60 years, or a woman, or a mentally or physically disabled person or a person with acute illness shall be required to attend at any place other than the place in which such person resides and further if such person is willing to attend at the Police Station then he may be permitted to do so;

(f) Information about the reimbursement of reasonable expenses for such attendance, as provided under section 179(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

4. Issuance and Service of Written Order. —

(1) The written order shall be issued in duplicate, signed by the investigating officer, and bear the official seal of the police station.

The written order shall be served on the witness through one of the following methods:

—

(a) Personal Delivery: Handing over directly to the witness, with an acknowledgment of its receipt shall be obtained;

(b) Registered Post: Sent by registered post to the witness's address as recorded in the case diary or FIR with acknowledgment due;

(c) Electronic Communication: Where the witness has provided an email address or mobile number, the order may be sent via email or SMS, using a secure platform (e-summons) approved by the UT Administration of Dadra Nagar Haveli & Daman & Diu. A record of transmission (receipt or delivery confirmation) shall be maintained.

(2) The investigating officer shall ensure that the service of the summons complies with the protections provided under the first proviso to section 179(1) of the Sanhita, particularly for vulnerable groups.

5. Documentation and Compliance. —

(1) The investigating officer shall maintain a record of the issuance and service of the written order, including the date, method of service, and acknowledgment or proof of transmission, in the case diary maintained under section 192 of the Sanhita.

(2) If the witness cannot be located or refuses to accept the order, the investigating officer shall record the reasons in the case diary.

6. Reimbursement of Expenses. —

(1) The investigating officer shall inform the witnesses of their entitlement for reimbursement of reasonable expenses incurred for attending at a place other than their residence, as per section 179(2) of the Sanhita.

(2) The rate of reimbursement of expenses to witnesses shall be as specified in Annexure- B.

(3) A receipt of payment shall be maintained in the case record.

By Order and in the name of the Administrator of Dadra & Nagar Haveli and Daman & Diu

Sd/– (Sanjam Singh) Deputy Secretary (Home), Dadra & Nagar Haveli and Daman & DiuSERIES – I No. 12 THE GAZETTE OF DNH & DD Page 4 Annexure-A

Written Order for Witness Attendance

(u/s. 179(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023)

To, Full Name of Witness, Address of Witness, Contact Details, if available.

Subject: Order to attend as witness in F.I.R. No. ……… Dated ……… P.S. ……… Under Section ……… Title ………

Sir/Madam,

Under the powers conferred by section 179(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, you are hereby required to attend before the undersigned in connection with the investigation of FIR No. ……… Date of Registration ……… Police Station ……… Sections of Law ……… Case Description ……… Reason for Attendance ……… Date of Attendance ……… Time ……… Place ……… (Police Station or Witness's Residence if applicable).

Legal Protections:

As per the first proviso to section 179(1) of the Sanhita, please note that no male person under the age of 15 years or above the age of 60 years, or a woman, or a person with mental or physical disability, or a person with acute illness shall be required to attend at any place other than their place of residence. If you fall under these categories, kindly inform the undersigned immediately, so that arrangements will be made to record your statement at your residence.

Reimbursement of Expenses:

As per section 179(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, you are entitled to reimbursement of reasonable expenses incurred for attending at a place other than your residence. Please submit relevant receipts to the undersigned for processing further.

For any clarification, contact the undersigned at [Police Station ____________ Contact details _____] Date: Place:

Signature with seal Name and Designation of Investigation Officer Name of the Police StationSERIES – I No. 12 THE GAZETTE OF DNH & DD Page 5 Annexure-B

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Published by : e-gazette, Department of Planning & Statistics, DNH & DD.