CrPC 91 - Summons to produce document or other thing.

Section 91. Summons to produce document or other thing.

(1) Whenever any court or any officer in charge of a police station considers that the production of any document of or other thing is necessary or desirable for the purposes of any investigation, inquiry, 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.

Magistrate cannot compel accused to produce documents U/s 91 CrPc - K. Senthamarai & Anr. v State

MADRAS HIGH COURT

K. Senthamarai & Anr. 

vs 

State By Inspector Of Police 

Date: 18 November, 1997

Section 91.  JM cannot compel accused to produce documents U/s 91.  Power of magistrate to summon for production of thing person – Inapplicability to accused persons – Power U/s 91 cannot be exercised against accused to produce any incriminating materials.