Code:
(1) 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.
(2) Any person required under this section merely to produce a document or other thing shall be deemed to have complied with the requisition if he causes such document or thing to be produced instead of attending personally to produce the same.
(3) Nothing in this section shall be deemed–
(a) to affect sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872), or the Bankers Books Evidence Act, 1891 (13 of 1891), or
(b) to apply to a letter, postcard, telegram or other document or any parcel or thing in the custody of the postal or telegraph authority.
Explanation:
Section 91 of the Code of Criminal Procedure (CrPC) empowers a Magistrate or police officer to issue a summons for the production of documents or things considered relevant to an investigation. The summons can be directed towards any person who is believed to be in possession of such documents or things.
The summons must specify:
- The nature of the documents or things required
- The person who is to produce them
- The time and place of production
The person summoned is legally obligated to comply with the summons and produce the documents or things as directed. Failure to do so without a valid reason can lead to legal consequences, including penalties and imprisonment.
Illustration:
Imagine a case where a theft has occurred. The police suspect that a certain individual might have CCTV footage from their shop that captured the incident. The police can then issue a summons under Section 91 to the shop owner, requesting the production of the CCTV footage for investigation.
Common Questions and Answers:
Q: Who can issue a summons under Section 91?
A: A Magistrate or a police officer authorized by a Magistrate can issue a summons under Section 91.
Q: Can the person summoned refuse to produce the documents or things?
A: While they can’t refuse outright, they can object to the summons on grounds like privilege, confidentiality, or if the documents are not in their possession. They can seek legal advice and challenge the summons in court.
Q: What happens if a person fails to comply with the summons?
A: Failure to comply without a valid reason can be considered contempt of court. The person can be penalized, including imprisonment. The Magistrate or police officer can also issue a warrant for the seizure of the documents or things.
Q: Are there any limitations to issuing a summons under Section 91?
A: Yes. The summons cannot be issued for documents or things that are privileged or confidential, like attorney-client communications or medical records. Additionally, the documents or things sought must be relevant to the investigation.
