Chapter VII
Section 91 CrPC: Summons to produce document or other thing
New Law Update (2024)
Section 94 BNSS
TRIAL COURT
Punishment
Procedural – Warrant / Summons Process
Cognizable?
Bailable?
Compoundable?
Bare Act 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.
Important Sub-Sections Explained
Sub-section (1)
This sub-section grants power to any Court or an officer in charge of a police station to issue a summons or written order, respectively, for the production of any document or thing deemed necessary for an ongoing investigation, inquiry, or trial.
Sub-section (3)
This crucial sub-section outlines the limitations of Section 91, clarifying that it does not override provisions concerning privileged official documents (Indian Evidence Act) or banking records (Bankers’ Books Evidence Act), nor does it apply to items in the custody of postal or telegraph authorities.
Landmark Judgements
State of Gujarat v. Shyamlal Mohanlal Choksi (1965):
The Supreme Court held that Section 91 of the CrPC does not authorise compelling an accused person to produce documents that might incriminate them, thereby protecting the constitutional right against self-incrimination under Article 20(3) of the Constitution of India.
V.S. Kuttan Pillai v. Ramakrishnan (1980):
The Supreme Court reiterated that Section 91 CrPC cannot be used to compel an accused to produce documents if such production would lead to self-incrimination, reinforcing the protection against testimonial compulsion.