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What action if person unable to present himself under section 91 crpc
07-Jan-2023 (In Criminal Law)
whether the accused has to present personallly for providing document before the investigating officer on notice to the accuse of section 91of crpc if not presented what are the consequences
Summon to produce document or other thing
Whenever any court or any officer in charge of police station considers that the production of any document or other thing is neccessary or desirable for the purpose of any investigation inquiry ,trial or any other proceeding under this code by or before such court officer ,such court may issue a summon's or such such officer written order to the person in whose possession or such power such documents or thing is believe to be requiring to him to attend and produced it or to procedure it ,at the time and place stated in the summons or order.
Section 93 of crpc search warrant may be issued .
where the court consider tjat the purpose of any inquiry trial or other proceeding under this code will be served by a general search or insepection it may issue a search warrant.
Whenever any court or any officer in charge of police station considers that the production of any document or other thing is neccessary or desirable for the purpose of any investigation inquiry ,trial or any other proceeding under this code by or before such court officer ,such court may issue a summon's or such such officer written order to the person in whose possession or such power such documents or thing is believe to be requiring to him to attend and produced it or to procedure it ,at the time and place stated in the summons or order.
Section 93 of crpc search warrant may be issued .
where the court consider tjat the purpose of any inquiry trial or other proceeding under this code will be served by a general search or insepection it may issue a search warrant.
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Adv. Sagar Yedke
Yavatmal | 25+ Answers
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What if Section 91 of CrPC is not complied?
There was a claim that section 91(1) includes not only witnesses and other people, but also the accused. If the accused does not obey the summons he may be subject to a forced search of his home, which is a clear indication that the accused has been compelled.
At what stage can Section 91 CrPC be invoked?
(ii) Section 91 may be invoked during any phase of an investigation, inquiry or trial, as well as in other proceedings under Cr. P.C. 22-Jan-2022
What is notice under 91 CrPC?
Section 91 gives the court the power to order the production of any documents or other items necessary for legal proceedings. This provision ensures the court has access to relevant evidence so that it can make an informed decision and reach a fair and just outcome.
What is the Supreme Court Judgement on 91 CrPC?
Baldev Singh (1975). In this case the Supreme Court of India ruled that the court had the authority to request any document in accordance with Section 91 of CrPC. The court also held that this provision allows the court to request documents or electronic records, even if the third party is in possession of them. 10-Feb-2023
You can organise to send the documents through other means. However please note "the person" referred in Sec 91 does not cover the accusedperson as per various Supreme court judgements. Kindly consult a good lawyer to guide you
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Adv. Vadakkemadom Lakshmanan SR
Thane | 100+ Answers
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If you fail to comply with a summons, without any excuse, the consequences are outlined in section 349. An intentional failure to produce the document required under this section is punishable by section 175 (India Penal Code 1860).
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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