CrPC Section 91
Here is a detailed explanation of Section 91 of the Criminal Procedure Code (CrPC), 1973 in English, ready for your copy-paste:
Section 91 of the Criminal Procedure Code (CrPC), 1973
Summons to Produce Document or Other Thing
Bare Text of Section 91:
"Any Magistrate or other person competent to issue summons may summon any person to produce any document or other thing which such person, if duly summoned to give evidence, may be bound to produce, and may examine such person as to such document or thing."
Detailed Explanation:
1. Purpose of Section 91:
Section 91 empowers a Magistrate or any competent court authority to summon a person to produce any document or other material thing relevant to a criminal proceeding.
The document or thing must be something the person would be legally required to produce if summoned to give evidence.
2. Scope of Power:
The power is not limited to summoning persons to appear as witnesses but extends to compelling the production of documents, records, or physical evidence.
The summoned person can also be examined about the document or thing they are required to produce.
3. Use in Criminal Procedure:
This power is crucial in gathering evidence and materials necessary for investigation or trial.
Examples include summoning bank records, contracts, letters, or any tangible objects relevant to the case.
4. Legal Obligations on the Person Summoned:
The person must produce the documents or things as demanded unless legally excused (e.g., privilege or immunity).
Failure to comply may lead to penalties, including contempt of court or legal sanctions.
5. Relation with Other Sections:
Section 91 works in conjunction with Section 160 (Police power to require attendance of witnesses and production of documents) and Section 165 (Search and seizure) to facilitate evidence collection.
Practical Example:
In a fraud case, the court may summon a bank manager to produce account statements relevant to the investigation.
The bank manager can also be questioned about the authenticity or details of those documents under this section.
Summary Table:
| Aspect | Details |
|---|---|
| Authority | Magistrate or other competent authority |
| Power | Summon person to produce documents or other things |
| Examination | Person may be examined regarding the document or thing |
| Purpose | Collection of evidence and materials for criminal proceedings |
| Consequences of Non-Compliance | Penalties, contempt, or other legal sanctions |
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