Section 91 of cr.p.c, 1973

Rajeev Khanna (Querist) 14 December 2011 This query is : Resolved
Can a police officer asks for information, which is available with any person or organisation but such information is not available in any form of document

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Devajyoti Barman (Expert) 14 December 2011
Please elaborate your query.

prabhakar singh (Expert) 14 December 2011
Yes!Please elaborate your query to get us a little more intelligible.

Guest (Expert) 14 December 2011
yes he can seek information in investigation procedure. as per your query it is not in document format. Then 161, 164 Cr.P.C. will be applied to know the details in form of oral statement which can be reduced into writing by investigation officer..

Rajeev Khanna (Querist) 14 December 2011
Can notice under section 91 be issued in form of a query i.e. notice does not call for production of documents but questions were asked in the notice i.e.information sought in notice under section 91

R.Ramachandran (Expert) 15 December 2011
Dear Rajeev,
You are quite right. They can only ask you to produce the documents or other things which they believe to be in you possession.
They possibly cannot seek 'information' (as opposed to documents or things) from you u/s. 91 Cr.PC.

Legal Fighter (Expert) 15 December 2011
no, he can't but better if the person from whom he seeks wuch information, replies to the notice stating that he doesn't have any such information.

Guest (Expert) 15 December 2011
Dear Rajeev,

NO, as per the provision of sec.91.

How the police can assume that the information, other than in documentary form, is available with any one and worthwhile to be believed?

Moreover, sec.91 does not specify about any such assumption. The said section lays stress only on the document that may contain any information.