Section 91 of CrPC : Section 91: Summons to produce document or other thing.

Explanation using Example

Example 1:

Scenario: A Theft Investigation

Context: A local jewelry store in Mumbai reports a theft. The police are investigating the case and have reason to believe that the store's CCTV footage from the night of the theft could provide crucial evidence.

Application of Section 91:

• The officer in charge of the police station considers the CCTV footage necessary for the investigation.
• The officer issues a written order to the store owner, requiring them to produce the CCTV footage.
• The store owner receives the order and arranges for the footage to be delivered to the police station, complying with the order without needing to attend personally.

Outcome: The store owner provides the CCTV footage, which helps the police in their investigation to identify the suspect.

Example 2:

Scenario: A Fraud Case in Court

Context: During a trial in a Delhi court regarding a financial fraud case, the defense lawyer claims that certain bank statements can prove the innocence of the accused.

Application of Section 91:

• The court considers the bank statements necessary for the trial.
• The court issues a summons to the bank manager, requiring them to produce the relevant bank statements at the next hearing.
• The bank manager receives the summons and sends the bank statements to the court, complying with the requisition without needing to attend personally.

Outcome: The bank statements are presented in court, providing crucial evidence for the defense.

Example 3:

Scenario: Inquiry into a Government Contract

Context: A government official in Chennai is under inquiry for alleged corruption in awarding a public contract. The inquiry committee needs access to the official's email communications related to the contract.

Application of Section 91:

• The inquiry committee considers the email communications necessary for the inquiry.
• The committee issues a written order to the IT department of the government office, requiring them to produce the relevant emails.
• The IT department receives the order and provides the emails to the committee, complying with the order without needing to attend personally.

Outcome: The emails are reviewed by the inquiry committee, providing evidence that either supports or refutes the allegations against the official.

Example 4:

Scenario: Postal Documents in a Legal Dispute

Context: In a civil dispute over property ownership in Kolkata, one party claims that a registered letter sent through the postal service contains crucial evidence.

Application of Section 91:

• The court considers the registered letter necessary for the trial.
• The court issues a summons to the postal authority, requiring them to produce the registered letter.
• The postal authority receives the summons but informs the court that Section 91 does not apply to documents in their custody as per subsection (3)(b).

Outcome: The court must find an alternative way to obtain the evidence, as the postal authority is exempt from producing the document under Section 91.