IPC Section 91
๐ What is Section 91 CrPC?
Section 91 CrPC provides legal authority for courts or police officers to issue a summons or a written order requiring any person to produce a document or item that is necessary for an investigation, inquiry, trial, or other legal proceeding.
๐งพ Section 91 CrPC โ Bare Text (Simplified)
"Whenever any Court or any officer in charge of a police station considers that the production of any document or thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Code, such Court may issue a summons, or such officer may issue a written order, to the person in whose possession 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."
โ Key Elements
Who can issue summons/order?
A Court
An officer in charge of a police station
To whom can it be issued?
Any person (individual, organization, etc.) believed to possess the required document or item.
What can be demanded?
Any document or thing (evidence, digital records, files, etc.)
Why?
If it's necessary or desirable for:
Investigation
Inquiry
Trial
Other legal proceedings
How?
Court: issues a summons
Police Officer: issues a written order
๐ง Purpose of Section 91
To facilitate access to evidence in legal processes.
To ensure justice by allowing proper collection of materials needed for decision-making.
It helps avoid delays by allowing direct collection of relevant items.
๐ Important Notes
Section 91 does not allow forced searchโif the person fails to comply, other procedures like Section 93 (search warrants) may be used.
It respects the legal rights of the person holding the document.
It is often used in white-collar crimes, financial frauds, cybercrime, and corruption cases for production of account books, emails, mobile phones, CCTV footage, etc.
โ๏ธ Example Scenario
Letโs say thereโs an ongoing trial for corporate fraud, and the accused is believed to have financial records proving the misappropriation of funds. The court can issue a summons under Section 91 CrPC to the companyโs accountant, asking them to produce the financial documents.
If they do not comply, further action (like issuing a search warrant under Section 93) can be taken.
๐ซ Limitations
Self-incrimination: If production of the document would violate Article 20(3) of the Constitution (right against self-incrimination), the person may be protected.
Privileged Communication: Documents protected under attorney-client privilege or privileged communications under the Indian Evidence Act may not be compelled.
๐งท Related Sections
| Section | Description |
|---|---|
| Section 93 CrPC | Allows search warrant if someone disobeys Section 91 |
| Section 94 CrPC | Allows search/seizure of suspected stolen property or forged documents |
| Article 20(3) of Constitution | Right against self-incrimination |
| Section 162 CrPC | Statements to police not signed |
๐ Conclusion
Section 91 of the CrPC is a powerful procedural tool in criminal law that enables courts and police officers to lawfully require the production of evidence. It helps in ensuring that justice is based on all relevant materials being brought before the judiciary, but it also comes with safeguards to prevent misuse and protect individual rights.
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