Produce documents
G. ARAVINTHAN
(Querist) 25 October 2010
This query is : Resolved
In a civil case, any party can file an application under Section 75 of Civil Rules of Practice seeking direction of the Court to direct a public authority to produce some documents and the same can be produced and evidence can be recorded on those documents.
Is there any similar provision under Criminal procedure Code?
(In application under Section 91, he cannot be examined)
adv. rajeev ( rajoo )
(Expert) 25 October 2010
but you can confront the documents to the complainant by recalling him.
s.subramanian
(Expert) 25 October 2010
Under Sec.311 of Cr.P.C. the court has the power to do it.
R.Ranganathan
(Expert) 25 October 2010
Even if the examination cannot be done, the documents have to be accepted since it is a Public document as per secondary evidence. Further as suggested by Mr. S.Subramanian you can ask the court to exercise power under Sec. 311 of Cr.P.C. like 151 CPC
G. ARAVINTHAN
(Querist) 25 October 2010
Thanks members and experts. What will be fate of the case if the same is filed under Section 75 of the Civil Rules of Practice r/w Sec 151 CPC?
Choosing wrong provision, party cannot suffer
Devajyoti Barman
(Expert) 25 October 2010
But the problem is you have quoted the provision of civil law in criminal case. It would be better if you not press that application and file anew one.
Arun Kumar Bhagat
(Expert) 26 October 2010
See section 254(2) C.P.Code. It is very specific.
G. ARAVINTHAN
(Querist) 27 October 2010
what is the similar provision for the case to send for documents and to examine the person who is producing the documents?
G. ARAVINTHAN
(Querist) 27 October 2010
but Arun sir. My case is for maintenance under Section 125 Cr.P.C Section254(2)will not apply for my case
