Tuesday, June 9, 2015

CrPC 91


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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.

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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*Disclaimer:- Atur Chatur is my pen name. I am Delhi University Ex-Lecturer. I am NOT a lawyer. I am a PIP (Party-in-Person). I filed Perjury (fraud on court) on lies of my wife with proofs. I filed court case against Police/CAW. I filed complaint against Judge Family Court (JFC) due to unethical practices/ gender discrimination which resulted in JFC Recusal. I also became a RTI Activist. I acquired all other knowledge/info after false 498a/DVC/Divorce/ CAW cases were filed against me & entire family & my income greatly affected so I have chosen this profession to support my family & also to support my one man fight against gender discrimination in India. Counselling Fees = 2,000 only for approx one hour talking to you & suggesting you few methods like RTI or other methods which is based on my knowledge which I acquired while fighting false cases. Fees is subject to change due to urgency & other factors so please confirm. I do not provide legal opinion/ legal advise or anything like that. All written by me & my suggestions etc is my personal views. You yourself will be responsible for acting on any of my counseling/ advises / consult / guidance etc. Fees for the RTI & any other writing work is to be paid separately & does not come under counselling fees. Pls ask the fees before getting any work done. Fees once paid (even if paid in excess) are not refundable under any circumstances. I do not provide legal opinion/ legal advise or anything like that. All written by me & views/ writings/ RTI/ suggestions/ counselling guidance etc are my personal views. You yourself will be responsible for acting on any of my counselling/ advises / consult / guidance etc. The author and his family haven't bribed any public official nor have they given in to the extortion. This blog aims to raise awareness of due process in India. The content of this blog constitutes, opinions, observations, and publicly available documents. The intent is not to slander or defame anyone or any institution and is the manifestation of the author's right to freedom of expression – with all the protections this right guarantees. There has been no advertisement, personal communication, solicitation, invitation or inducement of any sort whatsoever from us or any of our members to solicit any work through this website. The user wishes to gain more information about us for his/her own information and use. The information about us is provided to the user only his/her specific request and any information obtained or materials downloaded from this website is completely at the user's volition and any transmission, receipt or use of this site would not create any lawyer-client relationship. The information provided under this website is solely available at your request for information purposed only, should not be interpreted as soliciting or advertisement. We are not liable for any consequence of any action taken by the user relying on legal material/information provided under this website. In cases where the user has any legal dowry consultation issues, he/she in all cases must seek independent legal advice from  his own reliable sources & contacts. Disputes if any shall be subject to Delhi Jurisdiction only. General Disclaimer applies.

CrPC 91

PLEASE FIRST READ DISCLAIMER AT BOTTOM* NOTE:- Advise available for all countries  laws  vis-a-vis adultery & divorce so if you w...