CrPC Section 385
📜 Section 385 CrPC – Power to issue summons to persons supposed to be acquainted with the facts of the case
Text of Section 385:
"Whenever a Magistrate takes cognizance of an offence, the Magistrate may, if he thinks fit, issue a summons to any person whom he considers likely to give information or produce documents respecting the offence."
🔍 Explanation of Section 385 CrPC
✅ 1. Purpose of Section 385
Section 385 empowers a Magistrate, upon taking cognizance of an offence, to summon any person who may have information or documents related to the offence, even if that person is not an accused or a witness already known.
✅ 2. When is it Used?
When a Magistrate starts formal proceedings (takes cognizance) of an offence.
If the Magistrate believes that certain persons can provide useful information or documents connected to the case.
To investigate the matter thoroughly by bringing all relevant persons before the court.
✅ 3. Key Points
| Point | Explanation |
|---|---|
| Who can be summoned? | Any person who might have information or documents related to the offence. |
| Purpose | To collect evidence and information for the investigation or trial. |
| Discretion of Magistrate | The Magistrate has the discretion to issue summons if he thinks it necessary. |
✅ 4. Practical Effect
Helps courts gather all relevant facts and documents.
Ensures that no important piece of evidence or testimony is left out.
Allows the court to involve third parties who are not direct parties but may have crucial knowledge.
✅ 5. Example
A theft case is registered.
The Magistrate takes cognizance.
The Magistrate believes that a shopkeeper nearby might have seen the thief or has CCTV footage.
The Magistrate issues a summons to the shopkeeper under Section 385 to produce the footage or give information.
🧠 Key Takeaways
| Aspect | Explanation |
|---|---|
| Role | To summon persons with relevant information/documents |
| When | Upon taking cognizance of an offence |
| Purpose | To aid investigation and collection of evidence |
| Scope | Broad power at Magistrate’s discretion |
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