sec.91 cr.p.c.
Ladhu Ram Chowdhary
(Querist) 02 August 2008
This query is : Resolved
Whether recourse of provisions contained in sec.91 available to investigation officer ?
SANJAY DIXIT
(Expert) 02 August 2008
Yes.
If an Investigating Officer considers the production of any particular document or thing,necessary or desirable for the purpose of investigation, he may issue a written order to the person in whose possession or power such document or thing is believed to be, for its production underSection 91 Cr.P.C.
KANDE VENKATESH GUPTA
(Expert) 02 August 2008
Yes. As rightly said by Mr.Sanjay, the Investigating Officer by a written order direct a person to produce any document which is in his possession, if he considers the same is necessary for investigation. But, however the Investigating Officer cannot compel the accused to be a witness against himself, which means that the accused cannot be asked to produce the documents, as held by Hon'ble High Court of Andhra Pradesh in 2006(2) ALT (Crl) 143 A.P. between L.Hemalatha Vs T.Suryacharan Reddy
K.C.Suresh
(Expert) 02 August 2008
Dear Chowdhary,
Let us look at Section 91 cr.P.C first.
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.
Production of Documents under Section 91 Cr.P.C. by IO
If an Investigating Officer considers the production of any particular document or thing, necessary or desirable for the purpose of investigation, he may issue a written order to the person in whose possession or power such document or thing is believed to be, for its production under Section 91 Cr.P.C. A Court can also issue summons for production of such document or thing under Section 91 Cr.P.C.
puneet
(Expert) 02 August 2008
i think everyone has given right answer
deepak kumar
(Expert) 03 August 2008
I beg to differ and in my view the section 91 CrPC itself is very clear and the power vests with the officer in charge of a police station and in every case the I.O need not be the officer in charge and if the Investigating officer is not Officer in charge he will have to request the officer in charge to issue a summon to produce a document or thing.
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anonymus
(Expert) 12 September 2008
dear sirs, by way a little clarification:
sec 91 can be invoked by IO through court when the trial is pending or before it. As rightly pointed out by mr. deepak, he cannot directly issue summonsunder sec 91, B'coz the IO means any person incharge of the particular case and not the officer incharge of any police station.
