CrPC Section 91
CrPC Section 91 empowers courts to summon documents or witnesses essential for justice in investigations or trials.
CrPC Section 91 authorizes a Magistrate or court to compel the production of documents or attendance of witnesses necessary for an investigation, inquiry, or trial. This power is crucial to ensure that all relevant evidence is available for fair adjudication and to prevent obstruction of justice.
Understanding this section helps citizens and legal practitioners recognize the court's authority to demand evidence and witness presence, which supports transparency and thoroughness in criminal proceedings.
CrPC Section 91 – Exact Provision
This section grants courts the authority to summon individuals or documents essential for criminal justice processes. It ensures that no relevant evidence is withheld and that witnesses appear to provide testimony. The power extends to any stage of investigation or trial, reinforcing the court's role in fact-finding and fair trial.
Allows courts to summon persons or documents.
Applicable during investigation, inquiry, or trial.
Summoned persons must comply and remain until excused.
Ensures availability of evidence for justice.
Explanation of CrPC Section 91
This section means courts can order anyone to bring documents or appear as witnesses if it helps in a case. It ensures evidence is not hidden and that trials are fair.
Courts can require attendance or document production.
Affects persons who hold relevant evidence or testimony.
Triggered when evidence is necessary for proceedings.
Requires compliance with summons and production of items.
Non-compliance can lead to penalties or contempt.
Purpose and Rationale of CrPC Section 91
The section exists to empower courts to gather all necessary evidence and witness testimony. It prevents obstruction by compelling cooperation, balancing the need for thorough investigation with respect for individual rights.
Protects the integrity of criminal proceedings.
Ensures procedural fairness and evidence availability.
Balances court authority and citizen cooperation.
Prevents misuse by setting clear summons rules.
When CrPC Section 91 Applies
This section applies whenever a court or magistrate deems documents or witnesses essential for investigation or trial. It is used to ensure all relevant evidence is before the court.
When evidence or witness attendance is necessary.
Authority lies with Magistrates or empowered courts.
Applicable at any stage of investigation or trial.
No strict time limits but must relate to ongoing proceedings.
Exceptions if documents or persons are privileged or exempt.
Cognizance under CrPC Section 91
Cognizance is taken when the court identifies the need for evidence or witness testimony. The Magistrate issues a written order summoning the person or documents. The summoned party must comply or face legal consequences.
Magistrate or court issues written summons.
Summons specify documents or persons required.
Non-compliance may lead to contempt proceedings.
Bailability under CrPC Section 91
Section 91 itself does not specify bailability as it relates to summons for documents or witnesses, not arrests. However, refusal to comply may lead to penalties or arrest under contempt, where bail depends on circumstances.
Summons compliance is mandatory, not bailable.
Non-compliance may lead to arrest for contempt.
Bail in contempt cases is at court's discretion.
Triable By (Court Jurisdiction for CrPC Section 91)
Matters under Section 91 are handled by Magistrates or courts conducting the investigation or trial. The jurisdiction depends on the stage and nature of the proceedings.
Magistrates or courts empowered under CrPC.
Applies during investigation, inquiry, or trial stages.
Summons issued by the court handling the case.
Appeal and Revision Path under CrPC Section 91
Orders under Section 91 can be challenged through appeals or revisions in higher courts. The hierarchy depends on the court issuing the summons and the nature of the proceeding.
Appeal to Sessions Court or High Court as applicable.
Revision petitions may be filed against summons orders.
Timelines depend on procedural rules of the court.
Example of CrPC Section 91 in Practical Use
Person X is accused of theft. During trial, the Magistrate requires bank records to verify alibi. Under Section 91, the court summons the bank manager to produce documents. The manager must comply, ensuring evidence is available for justice.
Section 91 ensured crucial evidence was obtained.
Key takeaway: courts can compel evidence production.
Historical Relevance of CrPC Section 91
Section 91 has been part of the CrPC since its early versions, reflecting the need for courts to access evidence. Amendments have clarified summons procedures and compliance obligations.
Established to empower courts in evidence gathering.
Amended to strengthen summons enforcement.
Reflects evolving procedural fairness standards.
Modern Relevance of CrPC Section 91
In 2026, Section 91 remains vital for digital and physical evidence collection. Courts use it to summon electronic records and expert witnesses, adapting to modern investigation needs.
Enables access to digital evidence and data.
Supports comprehensive criminal investigations.
Balances privacy with justice requirements.
Related Sections to CrPC Section 91
Section 160 – Police power to require attendance of witnesses.
Section 107 – Security for keeping peace.
Section 174 – Police inquiry into suspicious deaths.
Section 311 – Power to summon or recall witnesses.
Section 195 – Prosecution for offences against public justice.
Case References under CrPC Section 91
- State of Maharashtra v. Dr. Praful B. Desai (2003, 4 SCC 601)
– Court emphasized the importance of summons for evidence to ensure fair trial.
- K.K. Verma v. Union of India (1965, AIR 1965 SC 845)
– Summons under Section 91 must be reasonable and not oppressive.
- R. v. Sussex Justices (1924, 1 KB 256)
– Though English, highlights principles of fair evidence gathering relevant to Section 91.
Key Facts Summary for CrPC Section 91
- Section:
91
- Title:
Summoning Documents or Witnesses
- Nature:
Procedural power of courts
- Applies To:
Magistrate, courts, persons holding evidence
- Cognizance:
Court issues written summons
- Bailability:
Not applicable; compliance mandatory
- Triable By:
Magistrate or competent court
Conclusion on CrPC Section 91
CrPC Section 91 is a fundamental provision empowering courts to summon necessary documents and witnesses to ensure justice. It strengthens the investigative and trial process by preventing evidence suppression and ensuring all relevant facts are before the court.
This section balances the court's authority with individual rights by requiring compliance while allowing legal safeguards. It plays a critical role in maintaining transparency, fairness, and thoroughness in criminal proceedings, benefiting both the prosecution and defense.
FAQs on CrPC Section 91
What is the main purpose of CrPC Section 91?
Its main purpose is to allow courts to summon documents or witnesses essential for investigation or trial, ensuring all relevant evidence is available for justice.
Who can issue a summons under Section 91?
Magistrates or courts empowered under the CrPC can issue summons requiring attendance or production of documents.
Is compliance with a Section 91 summons mandatory?
Yes, persons summoned must comply and produce the required documents or attend as witnesses, or they may face legal consequences.
Does Section 91 deal with arrest or bail?
No, this section relates to summons for evidence or witnesses, not arrest or bail procedures.
Can orders under Section 91 be challenged?
Yes, orders can be appealed or revised in higher courts according to procedural rules and court hierarchy.