CrPC

Section 91 of the Criminal Procedure Code (CrPC), 1973 empowers a court or a police officer to summon the production of any document or thing that is necessary or desirable for the purpose of an investigation, inquiry, trial, or other proceeding under the CrPC. However, there are certain mandatory requirements and limitations that must be met to invoke this provision.

Mandatory Requirements for Invoking CrPC Section 91:

1. Relevance and Necessity of the Document or Thing:

- The document or thing must be relevant to the case and necessary or desirable for the investigation, inquiry, trial, or proceeding.

- The authority (court or police officer) must be satisfied that the production of the document or thing will assist in arriving at the truth or resolving the issues in the case.

2. Application in Good Faith:

- The application or summons for production of the document must be made in good faith. It cannot be used as a tool to harass or intimidate a party by demanding unnecessary documents.

3. Specificity of the Document or Thing:

- The document or thing being requested must be specified or identifiable. General fishing inquiries for documents are not allowed under Section 91. The applicant must clearly indicate what specific documents or items are required.

4. Non-infringement of Constitutional or Legal Rights:

- The production of documents under Section 91 cannot infringe upon the fundamental rights of individuals, particularly the right to privacy or the right against self-incrimination (Article 20(3) of the Indian Constitution).

- A person cannot be compelled to produce any document or thing that may incriminate them.

5. Judicial Discretion in Issuance of Summons:

- The court or officer must exercise discretion judiciously. The court has to determine if the document is indeed material to the case, and if summoning it is necessary. A vague or unreasonable demand for documents may be rejected.

6. No Summons for Privileged Documents:

- Certain privileged communications, such as those between a lawyer and their client or documents protected under the Indian Evidence Act, are exempt from production under Section 91.

7. In the Context of a Criminal Proceeding:

- Section 91 can only be invoked in the context of a criminal investigation, inquiry, trial, or proceeding. It is not applicable in purely civil cases.

8. Exercised During an Ongoing Case:

- The power under Section 91 can be exercised only if the criminal proceedings are already underway. It cannot be invoked preemptively.

In summary, the primary mandatory requirement for allowing CrPC 91 is that the document or thing must be relevant and necessary for the proceeding. The court or the police officer has to use discretion to ensure that the request is reasonable and not infringing upon legal rights.