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PROCESS TO COMPEL THE PRODUCTION OF THINGS

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This article is written by Kratika Singhal of 3rd Year of Government Law College Kota, Rajasthan, an intern under Legal Vidhiya

Abstract:

This article examines the importance of process to compel production of things. The law regarding processes to compel the production of documents or things is mentioned in Section 91 to Section 105 of the Code of Criminal Procedure,1973. The Court when thinks fit or is of the opinion that the production of such a thing is necessary then the court may issue summons to produce the same. Understanding the process then complying with the legal requirements and addressing challenges or disputes in a diligent and transparent manner are crucial for parties involved in legal proceedings. So, the whole process is given in this article for compulsion of production of things in the Court.

Keywords: compel, appearance, trial, summon, proceeding, counterfeit coins, execution.

OBJECTIVES

The purpose of compel the production of things or documents is necessary for the purpose of prosecution and investigation. After reading this article, we will get to know the basic principles of Criminal Procedure in India, the role of the police and other authorities in the investigation and examine the procedure in respect of investigation, trial and punishment.

INTRODUCTION

For the purpose of prosecution and investigation, the process of compelling the production of documents or a thing is necessary. It is because until and unless the document or a thing that is required to be presented before the court is presented, the trial may be delayed.

Whenever a requirement is raised by the court or any officer in charge of the police station for the production of any document of thing that is necessary for the investigation, trial, enquiry or any other proceedings then summon may be issued or a written order by an officer may be directed towards a person in whose possession the document, writing lies and require him to be present with the document or produce it any ways. 

[1]Section 91 – Summons to produce document or another thing

Whenever any Court or any officer in charge of a police station may seem necessary for the production of any document or other thing which is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Code by or before such Court or officer, the Court may issue a summon, or such officer may issue a written order to the aforesaid person to produce it at the mentioned time and place as stated in summon or order.
[2]Section 92 emphasises on the Procedure as to letters and telegrams

The District Magistrate, Chief Judicial Magistrate, Court of Session or High Court is of the opinion that any document, parcel or thing in the custody of a postal or telegraph authority is wanted for the purpose of any investigation, inquiry, trial or other proceeding under this Code, such Magistrate or Court may require the postal or telegraph authority to deliver the document, parcel or thing to such person as the Magistrate or Court directs. Such magistrate may also order the postal or telegraph authority to cause search to be made for and to detain such document, parcel or thing.

[3]Section 93 emphasises on when search-warrant may be issued

Where any Court has reason to believe that a person to whom a summons or order has been, or might be, addressed, will not or would not produce the document or thing as required by such summons or requisition, or such document or thing is not known to the Court to be in the possession of any person, or where a general search or inspection is necessary then the Court may issue a search-warrant; and the person to whom such warrant is directed.

[4]Section 94 emphasises on search of place suspected to contain stolen property, forged documents, etc.

If a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class upon inquiry has reasons to believe that any place is used for the deposit or sale of stolen property, or for the deposit, sale or production of any objectionable article, or that any such objectionable article is deposited in any place, he may by warrant authorise any police officer above the rank of a constable-

  1. to enter, with such assistance as required at such place,
  2. to take possession of any property or article found which the concerned officer reasonably suspects to be stolen property or objectionable article,
  3. to search the same in the manner specified in the warrant,
  4. to convey such property or article before a Magistrate, or to guard the property or article on the spot until the offender is taken before a Magistrate, or otherwise to dispose of it in some place of safely,
  5. to take into custody and carry before a Magistrate every person found in such place who appears to have been privy to the deposit, sale or production of any such property or article knowing reasonable cause to suspect it to be a stolen property.

The objectionable articles are- counterfeit coins, currency notes or stamps, forged documents, false seals, obscene objects etc.

[5]Section 95 – Power to declare certain publications as forfeited and to issue search-warrants for the same

Where any newspaper, or book, or any document, wherever printed appears to the State Government to contain any matter the publication of which is punishable under different sections of the Indian Penal Code (45 of 1860), the State Government may, by notification,  declare every copy of the issue of the newspaper to be forfeited to Government, and thereupon any police officer may seize the punishable material wherever found in India and any Magistrate may by warrant authorise any police officer not below the rank of sub-inspector to enter upon and search for the same in any suspected premises.

[6]Section 96 emphasises on seeking application to High Court to set aside declaration of forfeiture

Any person having any interest in any newspaper, book or other document, in respect of which a declaration of forfeiture has been made under section 95, may, apply to the High Court within two months from the date of publication in the Official Gazette of such declaration, to set aside such declaration on the ground that the issue of  the book or newspaper or other document, in respect of which the declaration was made.

Every such application shall be heard and determined by a Special Bench of the High Court composed of three Judges and where the High Court consists of less than three Judges and such Special Bench shall be composed of all the Judges of that High Court.

On the hearing of any such application any copy of such newspaper may be given in evidence in aid of the proof of the nature or tendency of the signs, words, or visible representations mentioned in such newspaper, in respect of which the declaration of forfeiture was made.

Where there is a difference of opinion among the Judges, the decision shall be in accordance with the majority of those Judges.

[7]Section 97 emphasises on search for persons wrongfully confined

If any District Magistrate, Sub-divisional Magistrate or Magistrate of the first class has reasons to believe that any person is confined under such circumstances that the confinement amounts to an offence, he may issue, a search-warrant to the person and the person, if found, shall be immediately presented before a Magistrate, who shall make such order as in the circumstances of the case seems proper.

[8]Section 98 emphasises on Power to compel restoration of abducted females

Upon the complaint made on oath of the unlawful detention or abduction of a woman, or a female child under the age of eighteen years, for any unlawful purpose, a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class may make an order for the immediate restoration of such woman to her liberty, or of  female child to her husband, parent, guardian or other person having the lawful charge or such child, and may compel compliance as may be necessary.

[9]Section 100 emphasises on Persons in charge of closed place to allow search

Whenever any place which is liable to search or inspection is closed then any person residing in, or being in charge of such place, shall allow the officer to search and afford all reasonable facilities for a search on executing the warrant or on production of the warrant.

Where any person in or about such place is reasonably suspected of concealing any article for which search should be made, such person may be searched and if the person is a woman, the search shall be made by another woman with regard to decency.

Before making a search, the officer or other person about to make it shall call upon two or more independent and respectable inhabitants of the same locality in which the place to be searched is situated or of any other locality if no such person of the said locality is available or is willing to be a witness to the search, to attend and witness the search and may issue an order in writing to them or any of them so to do.

The search shall be made in their presence, and a list of all things seized in the course of such search and of the places in which they are found respectively shall be prepared by such officer or other person and signed by the witnesses; but no such person who has witnessed the search under this section shall be required to attend the Court as a witness. The occupant of the searched place, or some person in his behalf, shall be permitted to attend during the search, and a copy of the list prepared, signed by the said witnesses, shall be delivered to such occupant or person. When any person is searched the authorised officer shall prepare a list of all things taken possession and a copy thereof shall be delivered to such person.

Any person who, without reasonable cause, refuses or neglects to attend and witness a search when called upon to do so by an order in writing delivered to him, shall be deemed to have committed an offence under section 187 of the Indian Penal Code 1860.
[10]Section 101 emphasises Disposal of things found in search beyond jurisdiction

When in the execution of a search-warrant at any place beyond the local jurisdiction of the Court any of the things for which search is made and together with the list of the same be prepared shall be immediately taken before the Court issuing the warrant.
[11]Section 102 emphasises Power of police officer to seize certain property

Any police officer may seize any property which may be suspected or alleged to have been stolen or which has been found under circumstances which has created suspicion to the Commission of any offence. Such police officer, if subordinate to the officer in charge of a police station, shall then report the seizure to his immediate officer.

Every police officer shall report the seizure to the Magistrate having jurisdiction and where the property seized cannot be conveniently transported or presented to the Court or where there is difficulty in securing proper accommodation for the custody of such property, then he may give custody thereof to any person on executing an undertaking to produce the property before the Court as and when required.

Where the property seized is of perishable nature i.e., subject to natural and speedy decay and if the person entitled to the possession of such property is absent or unknown and the value of such property is less than five hundred rupees, it may be sold by auction under the orders of the Superintendent of Police.

[12]Section 103 emphasizes on that any Magistrate may direct a search in his presence of any place for the search of which he is competent to issue a search warrant.
[13]Section 104 emphasizes on that any Court may impound any document or thing produced before it under this Code.

[14]Section 105 – Reciprocal arrangements regarding processes

  1. Where a Court in the territories to which this Code extends referred to as the said territories desires that-
  1. a summons to an accused person, or
  2. a warrant for the arrest of an accused person, or
  3. a summons to any person requiring him to attend and produce a document or other thing, or to produce it, or
  4. a search-warrant, issued by it shall be served or executed at any place,
    1. within the local jurisdiction of a Court in any State or area in India and outside the said territories, it may send such summons or warrant in duplicate by post to the presiding officer of that Court to be served or executed;
    2. in any country or any place outside India for which arrangements have been made by the Central Government with the Government of such country or outside place for service or execution of summons or warrant in relation to criminal matters thereafter in this section referred to as the contracting State, it may send such summons or warrant in duplicate in form, directed to such Court, Judge or Magistrate, and sent to such authority for transmission, as the Central Government may notify.
  5. Where a Court in the aforesaid territories has received for service or execution-
  1. a summons to an accused person, or
  2. a warrant for the arrest of an accused person, or
  3. a summons to any person requiring him to attend and produce a document or other things or to produce it, or
  4. a search-warrant, issued by-
    1. a Court in any State or are in India outside the said territories;
    2. a Court, Magistrate or Judge in a contracting State,

It shall cause the same to be executed or served as if it were a summon or warrant received by it from other Court in the said territories for service or execution within its local jurisdiction;
And where-a warrant of arrest has been executed, the person arrested shall, so far as possible, be dealt with in accordance with the procedure of sections 80 and 81;

Provided that in a case where a summon or search warrant received from a contracting State has been executed, the documents or things produced or things found in the search shall be forwarded to the Court issuing the summons or search warrant through such authority as the Central Government may notify.

Conclusion:

Section 91 to 105 of The Criminal Procedure Code, 1973 emphasises on the process to compel the production of things. The process to compel appearance of a person and production of things is a vital tool in the legal system that ensures parties too have access to relevant evidence in legal proceedings. It is governed by the legal rules and procedures that aim to balance the interests of the parties while upholding the principles of natural justice and fairness. Understanding the process then complying with the legal requirements and addressing challenges or disputes in a diligent and transparent manner are crucial for parties involved in legal proceedings.

References:

[1] Code of Criminal Procedure, 1973, § 91, No. 2, Acts of Parliament, 1973 (India)

[2] Code of Criminal Procedure, 1973, § 92, No. 2, Acts of Parliament, 1973 (India)

[3] Code of Criminal Procedure, 1973, § 93, No. 2, Acts of Parliament, 1973 (India)

[4] Code of Criminal Procedure, 1973, § 94, No. 2, Acts of Parliament, 1973 (India)

[5] Code of Criminal Procedure, 1973, § 95, No. 2, Acts of Parliament, 1973 (India)

[6] Code of Criminal Procedure, 1973, § 96, No. 2, Acts of Parliament, 1973 (India)

[7] Code of Criminal Procedure, 1973, § 97, No. 2, Acts of Parliament, 1973 (India)

[8] Code of Criminal Procedure, 1973, § 98, No. 2, Acts of Parliament, 1973 (India)

[9] Code of Criminal Procedure, 1973, § 100, No. 2, Acts of Parliament, 1973 (India)

[10] Code of Criminal Procedure, 1973, § 101, No. 2, Acts of Parliament, 1973 (India)

[11] Code of Criminal Procedure, 1973, § 102, No. 2, Acts of Parliament, 1973 (India)

[12] Code of Criminal Procedure, 1973, § 103, No. 2, Acts of Parliament, 1973 (India)

[13] Code of Criminal Procedure, 1973, § 104, No. 2, Acts of Parliament, 1973 (India)

[14] Code of Criminal Procedure, 1973, § 105, No. 2, Acts of Parliament, 1973 (India)

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