CrPC Section 91: Summons for Documents and Things
This section outlines the process of obtaining documents or things relevant to an investigation by the police or a court.
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.
