CrPC 91

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RULES RELATED TO CrPC 91

SOME1:- CrPC 91 cannot be made by petitioner against the accused.

SOME2:- Police holds the record which u want to produce & therefore In many cases, CrPC91

may very well be used via application in court.

SOME3:- Scope of section 91 Cr.P.C. inrespect of accused = it is well settled principle of law

that a summons to produce a thing or document as contemplated under CrPC 91 cannot be

issued to a person accused of an offence calling upon him to produce document or thing in

order to mark it as evidence against the accused. It is not established that the original

document is available with the accused and as the accused is not legally bound to produce the document, no notice could be issued to the accused under Section 66 of the Indian Evidence Act.

SOME4:- Whenever any Court or any officer in charge of a police station considers that the

production of any document or other thing is necessary or desirable for the purposes of any

investigation, inquiry, trial or other proceeding under this Code by or before such Court or

officer, such Court may issue a summons, or such officer a written order, to the person in

whose possession or power such document or thing is believed to be, requiring him to attend

and produce it, or to produce it, at the time and place stated in the summons or order.

Other Rules

The issue of summons under Section 91 of the Code is in discretion of the Court to be

exercised judicially and this is an absolute discretion. Before passing the order under Section

91 the Court has to satisfy itself that the document or thing has a bearing upon, and is

desirable, necessary and relevant to the case.

Section 91 of the Code does not apply to the accused. The Court cannot issue summons to

produce a document or thing by the accused which is incriminatory against him under Article

20(3) of the Constitution. However, the prohibition against testimonial compulsion contained in Article 20(3) does not apply to the case of public records or public documents which the

accused has undertaken to keep and produce when called for.

The words ‘document’ and ‘thing’ have not been defined in this Code. The word ‘thing’ refers to physical object or material. The words ‘document or thing’ are general and seem to cover any document or thing, the production and inspection of which are necessary or desire or will serve the ends of justice.

The document or thing called for by the magistrate must have some relation to or connection

with the subject-matter of the investigation, inquiry or trial.

IMPORTANT:-

The term ‘the person’ used in Section 91 did not include ‘accused person’. As such, order

passed by Police Officer issuing summon to accused person to produce documents was liable

to be quashed.

CrPC 91 TO FIGHT FALSE 498A is just the right approach but it must be invoked only if need.

Hope this will help you guys....................all the best

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