CrPC Section 91 — Summons to produce document or other thing

Summary

Sub-section (1) allows a court, or the officer in charge of a police station, to require a person believed to have a document or other thing to produce it when the court or officer considers it necessary or desirable for an investigation, inquiry, trial or other proceeding under the Code. The court may issue a summons, and the police officer may issue a written order, stating the time and place to attend and produce the item, or to produce it.

Sub-section (2) says that a person required only to produce a document or other thing complies by arranging for it to be produced; the person need not attend in person to produce it.

Sub-section (3) says this section does not affect sections 123 and 124 of the Indian Evidence Act, 1872, or the Bankers’ Books Evidence Act, 1891 (clause (a)). It also does not apply to a letter, postcard, telegram, other document, parcel or thing in the custody of the postal or telegraph authority (clause (b)).

Official Text

(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.

Sections referred to

• IEA §123 — Evidence as to affairs of State
• IEA §124 — Official communications

Referred to by

• CrPC §93 — When search-warrant may be issued

Related Judgments

• ARJUN PANDITRAO KHOTKAR vs KAILASH KUSHANRAO GORANTYAL AND ORS — Supreme Court of India (2020)
• VARSHA GARG vs THE STATE OF MADHYA PRADESH & ORS — Supreme Court of India (2022)
• V. S. KUTIAN PILLAI vs RAMAKRISHNAN & ANR — Supreme Court of India (1979)
• P. PONNUSAMY vs THE STATE OF TAMIL NADU — Supreme Court of India (2022)
• STATE OF KERALA vs BABU AND ORS — Supreme Court of India (1999)

Old <-> New Code Mapping

• BNSS §94 — Summons to produce document or other thing