Introduction

Section 91 of the Code of Criminal Procedure (CrPC) empowers courts and certain authorities to summon any person to produce documents, electronic records, or any other thing that may be useful or relevant to an investigation, inquiry, or trial. This provision plays a crucial role in ensuring that evidence necessary for the administration of justice is accessible to the investigating agencies and courts.

The purpose of Section 91 is to facilitate the smooth functioning of criminal investigations and trials by compelling the production of evidence, thereby preventing obstruction of justice. It is a procedural tool designed to assist courts and law enforcement in unearthing facts that may otherwise remain concealed.

Recently, with the enactment of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, Section 91 CrPC has been replaced by Section 94 BNSS. While the BNSS introduces several reforms to criminal procedure, the core concept of compelling evidence production remains intact but with nuanced changes in scope and procedure.

This article focuses primarily on the traditional framework under Section 91 of the CrPC, examining its scope, legal validity, and important judicial pronouncements. Additionally, it highlights the relevant changes introduced under Section 94 of the BNSS, offering a comparative perspective for a better understanding of the evolving legal landscape.

Understanding Section 91 and its successor under BNSS is critical for law practitioners, law enforcement officials, and anyone interested in criminal law, as it balances the powers of investigation with protections against misuse, safeguarding the rights of individuals while ensuring effective justice delivery.

Meaning and Scope of Section 91 CrPC

Text and Language of Section 91

Section 91 of the Code of Criminal Procedure (CrPC) authorizes a court or an officer in charge of a police station or any other person invested with the power by law to summon any person to produce any document or other thing that is considered necessary or useful for an investigation, inquiry, trial, or other proceedings under the CrPC.

The provision states that the summoned person must comply unless there is a lawful excuse for non-production. The language of Section 91 is broad and inclusive, covering documents, electronic records, and physical objects relevant to the criminal process.

Nature and Purpose of Summons to Produce Document or Thing

The primary purpose of Section 91 is to facilitate the discovery and production of evidence essential for the proper administration of justice. It serves as a procedural tool to:

• Prevent the concealment or destruction of evidence.
• Assist investigating officers and courts in accessing material facts.
• Ensure that evidence is produced voluntarily without resorting to coercive measures.

The order to produce documents or things under this section is not punitive but remedial, aiming to support fact-finding in criminal proceedings. The scope is wide enough to include any material that may be relevant, regardless of its nature—whether written, electronic, or tangible.

Who Can Issue a Summons or Written Order?

Section 91 empowers multiple authorities to issue summons or orders for the production of evidence:

• Courts: All criminal courts conducting trials or inquiries can issue summons under this section.
• Officer in Charge of Police Station: Police officers investigating a case can summon documents or items necessary for their investigation.
• Other Persons Invested with Power: Any authority explicitly empowered by law, such as certain government officials or regulatory bodies during proceedings related to criminal law.

This broad delegation of power ensures that the mechanism to produce evidence is available at various stages and levels of the criminal justice process.

Applicability of Section 91 CrPC

During Investigation

Section 91 CrPC plays a crucial role during the investigative stage of criminal proceedings. The police officer in charge of a police station has the authority to issue summons or written orders under this section to any person for the production of documents or things that may assist in the investigation. This helps the investigating officer gather essential evidence before filing the charge sheet or concluding the investigation.

• It ensures that evidence is preserved and brought to light early in the process.
• The provision empowers the police to act proactively to secure relevant material.

During Inquiry or Trial

The applicability of Section 91 extends beyond investigation to inquiries and trials conducted by courts. Courts have the power to summon witnesses and order the production of documents or things necessary for adjudicating the case.

• Courts can issue summons to third parties or even to parties involved to ensure that evidence is not withheld.
• This enables the judicial process to be comprehensive and fair, avoiding surprises and ensuring that all relevant evidence is available before judgment.

Whether Applicable to Accused Persons?

Section 91 applies to all persons, including the accused, who can be summoned to produce documents or things relevant to the case. However, there are important safeguards:

• The accused cannot be compelled to produce documents or items that would amount to self-incrimination, as protected under Article 20(3) of the Constitution.
• The scope is limited to evidence that does not violate the accused’s fundamental rights.
• If the accused voluntarily produces such evidence, it may be used against them, but they cannot be forced to do so through Section 91.

Thus, while the provision is broad, it balances the interests of justice with the protection of individual rights.

Procedural Aspects under Section 91 CrPC

Format and Compliance

The procedure for issuing a summons or written order under Section 91 CrPC is designed to ensure clarity and legality. The summons or order must specify clearly:

• The nature of the document or thing required to be produced.
• The time and place for production.
• The person or authority to whom it should be presented.

This formal notice ensures that the recipient understands the exact requirement and can prepare accordingly. It must be issued by a competent authority such as a police officer or a court conducting the investigation or trial.

Timeframe and Execution

The law does not explicitly prescribe a rigid timeframe within Section 91 for compliance. However, the summons or written order typically mentions a reasonable time for the production of the documents or things.

• The timeframe should allow sufficient opportunity for the person to gather and produce the required evidence.
• Execution of the summons is expected to be prompt to avoid unnecessary delays in the judicial process.
• If the person summoned is outside the local jurisdiction, provisions under the Code of Criminal Procedure for service of summons apply.

Consequences of Non-Compliance

Failure to comply with a summons or written order under Section 91 CrPC can lead to significant legal consequences. Non-compliance may be treated as contempt of court if the summons is issued by a judicial authority.

• The court or investigating officer may issue a warrant for the arrest of the person who refuses to comply.
• Persistent refusal may invite penalties or coercive measures to enforce compliance.
• Non-compliance may adversely affect the credibility of the party and the outcome of the case.

These procedural safeguards and consequences ensure that the power under Section 91 is exercised responsibly and effectively to aid the criminal justice system.

Judicial Interpretation of Section 91 CrPC

Landmark Judgments

Over the years, several landmark judgments have clarified the scope and application of Section 91 CrPC. Courts have consistently interpreted the provision to balance the investigative and judicial needs with individual rights.

• In Kartar Singh v. State of Punjab (1994), the Supreme Court emphasized that the power under Section 91 is a preventive measure to secure evidence and not a tool for harassment.
• Shivaji Sahabrao Bobade v. State of Maharashtra (1973) established that the section empowers authorities to compel production of documents, but the order must be precise and reasonable.
• In Nandini Satpathy v. P.L. Dani (1978), the Court reinforced the protection against self-incrimination, limiting the scope of Section 91 to documents not covered by this right.

Principles Laid Down by Courts

The judiciary has laid down several important principles guiding the exercise of power under Section 91:

• The summons or order must be issued by a competent authority and must clearly specify the document or thing sought.
• The request must relate to a matter connected to the investigation, inquiry, or trial.
• The production of evidence cannot be arbitrary or oppressive; it must serve the ends of justice.
• Protection against self-incrimination is inviolable, ensuring the accused is not compelled to produce evidence that would incriminate themselves.
• The person summoned is entitled to reasonable time and clear instructions to comply.

Limits and Protections (Right Against Self-Incrimination)

One of the most significant limits on Section 91 arises from the constitutional right against self-incrimination under Article 20(3). This right restricts the scope of Section 91 as follows:

• The accused cannot be forced to produce documents or things that would directly or indirectly incriminate them.
• Authorities cannot misuse Section 91 to compel the accused to provide testimonial evidence.
• The courts vigilantly ensure that the exercise of this power does not violate fundamental rights or constitutional safeguards.

This balance ensures that while Section 91 aids in the collection of evidence, it does not override essential protections granted to individuals under Indian law.

Validity and Limitations of Section 91 CrPC

Validity of Section 91

Section 91 CrPC is a vital provision that empowers investigating agencies and courts to summon documents or things essential for the proper investigation, inquiry, or trial. The validity of this provision lies in its objective to prevent destruction or concealment of evidence and to ensure that relevant materials are available to the judicial process. Courts have upheld its constitutionality, affirming that it does not violate fundamental rights when exercised within lawful limits.

Limitations on the Power under Section 91

Despite its broad scope, Section 91 is subject to important limitations to safeguard individual rights:

• Scope of Production: The summons can only compel the production of documents or things, not oral testimony.
• No Self-Incrimination: Section 91 cannot be used to force an accused to produce evidence that may incriminate themselves, respecting Article 20(3) of the Constitution.
• Reasonableness: The order must be reasonable and not oppressive or vague; it should clearly specify what is required.
• Competent Authority: Only certain authorities (courts or officers conducting investigation) can issue the summons.
• No General Fishing Expedition: The power cannot be misused for indiscriminate or broad searches beyond the scope of the case.

Safeguards and Judicial Checks

Judicial review acts as a safeguard against misuse. Courts often scrutinize:

• Whether the summons is issued for a legitimate purpose.
• Whether the summons is within the jurisdiction and authority of the issuing officer.
• Whether the summons respects constitutional protections.
• Whether procedural requirements (such as notice and reasonable time) have been met.

This ensures Section 91 is a balanced tool that aids justice without infringing on personal freedoms.

Validity and Constitutional Considerations

Right to Fair Trial and Natural Justice

The exercise of power under Section 91 CrPC must always align with the principles of a fair trial and natural justice. This means:

• The person from whom documents or things are sought should be given a reasonable opportunity to comply and be heard.
• The summons must be clear, specific, and not arbitrary or oppressive.
• Compliance with procedural safeguards ensures that the rights of all parties involved are protected during investigation and trial.

Courts emphasize that Section 91 should aid in the search for truth without compromising the fairness and integrity of the judicial process.

Article 20(3) – Protection Against Self-Incrimination

Article 20(3) of the Indian Constitution provides a fundamental right protecting individuals from being compelled to be witnesses against themselves. In the context of Section 91 CrPC, this protection manifests as:

• The accused cannot be forced to produce documents or things that would directly or indirectly incriminate them.
• The summons under Section 91 must not violate this right by compelling testimonial evidence or evidence that links the accused to the crime.
• Judicial pronouncements have reinforced this protection as a constitutional safeguard limiting the scope of Section 91.

Judicial Balance Between State Powers and Individual Rights

The judiciary plays a critical role in maintaining the delicate balance between the investigative powers of the state and the protection of individual rights. This balance includes:

• Ensuring that the state's interest in obtaining relevant evidence does not override constitutional protections.
• Reviewing summons or orders under Section 91 for reasonableness, legality, and adherence to due process.
• Striking a fair balance so that investigative agencies can effectively carry out their duties without resorting to coercion or violating fundamental rights.

This judicial oversight upholds the rule of law and safeguards democratic values within criminal justice.

Practical Importance and Contemporary Relevance

Section 91 CrPC plays a crucial role in the investigative and judicial process in India. It empowers law enforcement and courts to obtain crucial evidence necessary for effective prosecution and fair adjudication. Over time, its application has expanded, especially in complex cases involving economic offenses, cybercrimes, and corruption, where documents and digital data form key evidence.

Use by Police and Investigating Agencies

Police and investigating officers frequently rely on Section 91 to issue summons for documents or things relevant to their cases. This provision helps:

• Prevent destruction or tampering of evidence.
• Ensure timely collection of material critical for investigation.
• Assist in building a strong evidentiary record for prosecution.

Without this power, gathering documentary evidence could be significantly hindered, compromising the justice delivery system.

Use in White-Collar and Digital Crimes

With the rise of white-collar crimes such as financial fraud, money laundering, and cybercrimes, Section 91’s importance has grown. Investigating agencies use it to:

• Obtain electronic records, emails, bank statements, and transaction details.
• Access digital devices and data storage to trace illegal activities.
• Issue summons to third parties holding relevant information, like banks or telecom companies.

This adaptability to evolving crime patterns makes Section 91 a vital legal tool in contemporary law enforcement.

Concerns Regarding Abuse and Safeguards

Despite its utility, there are concerns about potential misuse of Section 91:

• Overbroad or vague summons may lead to harassment or violation of privacy.
• Investigating officers might use it as a tool for undue pressure or fishing expeditions.
• Courts have emphasized the need for checks and balances to prevent arbitrary use.

Judicial oversight and strict adherence to procedural fairness act as safeguards to minimize abuse and protect citizens' rights.

Comparison Table between Section 91 of CrPC and Section 94 of BNSS

Conclusion

Section 91 of the Code of Criminal Procedure (CrPC) plays a pivotal role in the Indian criminal justice system by empowering courts and investigating authorities to summon persons to produce documents or things that are necessary or useful for investigation, inquiry, or trial. Its broad scope ensures that crucial evidence can be procured, thereby aiding the effective administration of justice. The provision also carefully balances the investigative powers with constitutional safeguards, such as protection against self-incrimination.

With the introduction of the Bharatiya Nyaya Sanhita (BNSS) in 2023, Section 91 CrPC has been replaced by Section 94 BNSS, which largely retains the fundamental essence of its predecessor while providing clearer procedural guidance and incorporating modern concerns, especially relating to digital evidence. The BNSS aims to modernize criminal procedure while preserving the balance between authority and individual rights.

Judicial interpretations over the years have elaborated on the scope and limitations of Section 91 CrPC, ensuring that its powers are not abused and that individual liberties are protected. As the BNSS is newly enacted, it is expected that courts will rely on these established precedents while gradually developing a robust jurisprudence around Section 94 BNSS.

In summary, both Section 91 CrPC and Section 94 BNSS are crucial legal tools that help streamline evidence gathering in criminal cases, thereby enhancing the efficiency and fairness of criminal trials. Understanding their scope, applicability, and judicial interpretations is essential for legal practitioners, law enforcement agencies, and litigants alike as India transitions towards the new criminal justice framework.