PROCESS TO COMPEL PRODUCTION OF THINGS (SECTION 91-105)

by | Oct 6, 2023


PROCESS TO COMPEL PRODUCTION OF THINGS (SECTION 91-105)

SECTION 91 – SUMMONS TO PRODUCE DOCUMENTS OR OTHER THINGS

Section 91 of the Criminal Procedure Code grants the authority to a court or a police officer in charge of a police station to issue a summons compelling an individual to produce any document or item necessary for legal proceedings, investigations, or trials. The person in possession of such items is legally obligated to produce them at the specified time and place indicated in the summons. This section covers documents relevant to criminal offenses and those intended as evidence. If the accused is believed to possess a document crucial to the proceedings, the court or officer may issue a summons for its production.

SECTION 93 – SEARCH OF DOCUMENTS OR THINGS NECESSARY FOR INVESTIGATION,TRIAL,ETC 

Section 93 allows a court to issue a search warrant when a document or item is required for investigation, inquiry, trial, or other legal proceedings under the code. This can happen if:

  •  The person in possession of the document refuses to produce it after receiving a summons under Section 91 or 92.
  •  The court is unaware of the document’s location.
  • The court believes that a general inspection is necessary.

SECTION 94 – SEARCH FOR STOLEN PROPERTY,FORGED DOCUMENTS,ETC 

Under Section 94, district magistrates, sub divisional district magistrates, or magistrates of the first class can authorize police officers through warrants to enter and search places suspected of containing stolen property or other objectionable articles mentioned in the section.

SECTION 95 – SEARCH FOR ANY SEDITIOUS OR OBSCENE DOCUMENTS 

This section empowers magistrates to issue warrants authorizing police officers to search premises where seditious or obscene materials, as defined in specific sections of the Indian Penal Code, are suspected to be located and declared forfeited by the state government.

SECTION 97 – SEARCH FOR PERSONS WRONGFULLY CONFINED 

Section 97 enables District Magistrates, Sub-Divisional Magistrates, and Magistrates of the First Class to issue search warrants when there is reason to believe that a person is wrongfully confined. These warrants function as a form of habeas corpus, aimed at rescuing the wrongfully confined individual.

SECTION 98 – POWER TO COMPEL RESTORATION OF ABDUCTED FEMALES 

Under Section 98, magistrates can issue warrants to compel the restoration of abducted females or those unlawfully detained, ensuring their protection and well-being.

SECTION 100 – AUTHORIZED SUPERVISOR FOR PERMITTING SEARCHES IN RESTRICTED PREMISES 

Section 100 mandates that individuals in charge of closed places must permit authorized officers to enter and search when presented with a valid warrant. This section outlines the procedure for conducting searches in such cases, including the involvement of witnesses and respecting decency, especially when searching women.

SECTION 102 – POLICE OFFICER’S AUTHORITY TO CONFISCATE SPECIFIC PROPERTY 

Section 102 grants police officers the authority to seize property that may be relevant to an investigation or legal proceedings. This power includes the physical possession of movable property beyond the scope of specified items for search warrants or investigations.

In conclusion, these sections of the Criminal Procedure Code provide essential mechanisms for compelling the production of documents and items, conducting searches, and seizing property in the interest of justice and fair legal processes. They play a critical role in maintaining the integrity of the criminal justice system while respecting individual rights and legal safeguards.

Reference:-

1-https://m.timesofindia.com/city/bengaluru/hc-summoning-docus-allowed-during-trial-too/amp_articleshow/102817141.cms -THE TIMES OF INDIA 

2-https://www.aajtak.in/amp/crime/police-and-intelligence/story/code-of-criminal-procedure-crpc-section-98-power-to-compel-restoration-of-abducted-females-definition-of-section-98-meaning-of-section-98-crime-lno-1467494-2022-05-20 -AAJ TAK

3-https://www.aajtak.in/amp/crime/police-and-intelligence/story/code-of-criminal-procedure-crpc-section-100-persons-in-charge-of-closed-place-to-allow-search-meaning-of-crpc-section-100-crime-lno-1467809-2022-05-21 -AAJ TAK

Written By Archana Singh

I am Archana Singh, a recent law master's graduate with a strong aspiration for the judicial service. My passion lies in elucidating complex legal concepts, disseminating legal news, and enhancing legal awareness. I take immense pride in introducing my new legal website - The LawGist. Through my meticulously crafted blogs and articles, I aim to empower individuals with comprehensive legal insights. My unwavering dedication is to facilitate a profound comprehension of the law, enabling people to execute judicious and well-informed choices.

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