Subpoena reg
Querist :
Anonymous
(Querist) 16 June 2025
This query is : Resolved
What is subpoena and at what is the difference between crpc 91 with rti and subpoena.
T. Kalaiselvan, Advocate
(Expert) 17 June 2025
Subpoena is a a writ ordering a person to attend a court.
"a subpoena may be issued to compel their attendance"
Section 91 cr.p.c. and RRTI are totally different to what subpoena is
Dr. J C Vashista
(Expert) 17 June 2025
Well advised by learned expert Mr. T Kalaiselvan.
What is your dispute / problem / issue and locus standi to subpoena ?
Querist :
Anonymous
(Querist) 17 June 2025
To get employment record even after several opportunities had been given to opponent. In this case do we need to get the same via subphoena or how can I get the same to get right claim
T. Kalaiselvan, Advocate
(Expert) 17 June 2025
The Code of Civil Procedure (CPC) outlines provisions for the production of documents in court through Order XI, Rule 14, and Order XIII, Rule 1. Specifically, Rule 14 empowers the court to order a party to produce documents in their possession or power, while Order XIII focuses on the process of producing, impounding, and returning documents. Additionally, Order 7, Rule 14, mandates plaintiffs to produce relevant documents at the time of filing the plaint.
Under criminal law:
Under Section 91 of the Code of Criminal Procedure (CrPC), a court or police officer can summon a person to produce a document or other thing deemed necessary for an investigation, inquiry, trial, or other proceeding. This section allows the court to compel the production of evidence by issuing a summons or written order, requiring the person to attend and produce the document or thing, or to produce it at a specified time and place.
The accused can also seek production of documents under Section 91 for their defense. However, some courts have ruled that the accused cannot seek production of documents under Section 91 at the pre-trial stage.
Courts have emphasized that the power to summon documents under Section 91 can be exercised at any stage of the proceedings.
Dr. J C Vashista
(Expert) 18 June 2025
Let your lawyer may issue notice to opposite party to produce relevant documents under order XII Rule 8 CPC .
Order XII Rule 8 of the Code of Civil Procedure (CPC), 1908 deals with notices to produce documents. It outlines the procedure for a party to formally request another party to produce a specific document or documents relevant to the case, and the consequences of failing to comply with such a notice.
Consequences of Non-Compliance:
If the party receiving the notice fails to produce the documents without a valid reason, the court may draw an adverse inference against them.
The party failing to produce the documents may also have to bear the cost of proving the documents, regardless of the outcome of the case.
In some instances, the court may allow the party who served the notice to lead secondary evidence (e.g., copies) if the original documents are not produced.
