15. What is the process to compel the production of things ?

Introduction

In a criminal investigation or trial, documentary and physical evidence play a vital role in establishing the truth of the allegations. The Code of Criminal Procedure, 1973 (CrPC) provides specific mechanisms to compel the production of documents, things, or other materials relevant to the inquiry, investigation, or trial. These provisions are essential for ensuring fair justice and completeness of evidence.

The relevant legal provisions are found in Sections 91 to 105 of the CrPC, which include the issuance of summons and search warrants, and seizure and production of evidence from individuals, institutions, or even foreign authorities.

This essay explains the entire process, powers of the court and police, and judicial safeguards involved in compelling the production of things.

Key Concepts: “Thing” and “Production”

• Thing: Includes any document, electronic record, object, or material evidence.
• Production: Bringing such items before the court, police, or investigating officer when ordered to do so.

Statutory Provisions under CrPC (Sections 91 to 105)

Section 91 – Summons to Produce Document or Other Thing

• The court or an officer in charge of a police station may issue a summons or written order to any person to produce a document or thing necessary or desirable for:
  • Investigation
  • Inquiry
  • Trial
  • Other proceedings
• Applies to individuals, companies, banks, or government offices.
• The person receiving the summons must deliver or produce the specified item.

Illustration: A bank may be summoned to produce the account statement of the accused.

Section 92 – Procedure When Postal or Telegraph Authority is Concerned

• If a document or thing is in the custody of postal or telegraph authorities, a Magistrate or Court may require its production.
• Typically used for letters, parcels, or telegraphic records relevant to the case.

Section 93 – When Search Warrant May Be Issued

The court may issue a search warrant in these situations:

• When a person does not produce the document or thing upon summons (Section 91)
• When the court believes the item will not be willingly produced
• When the item is not known to be in anyone’s possession but is essential

This empowers police to enter premises, search, and seize items legally.

Section 94 – Search of Place Suspected to Contain Stolen Property

• A Magistrate may authorize search of any place suspected of housing stolen goods or objectionable articles like counterfeit coins, arms, or forged documents.

Section 95 – Forfeiture of Obscene or Seditious Material

• The State Government may forfeit books, newspapers, or documents that contain:
  • Seditious matter
  • Obscenity
  • Hate speech
• The police can then seize such materials from printers, publishers, or sellers.

Section 96 – Application to Set Aside Forfeiture

• Anyone affected by Section 95 may approach the High Court within 2 months to contest the forfeiture.

Section 97 – Search for Wrongfully Confined Person

• Allows issue of a search warrant to locate and rescue a person who is illegally confined.

Section 98 – Restoration of Abducted Females or Detained Children

• Used to recover women or children wrongfully taken or detained for immoral purposes.

Sections 99 to 105 – International and Cross-Border Procedures

• These sections deal with:
  • Reciprocal arrangements for evidence collection
  • Letters of request to and from foreign authorities
  • Seizure of property located abroad

Procedure Flow: Compelling Production of Things

1. Court/Police identifies relevance of a document or item.
2. Summons or written order is issued under Section 91.
3. If non-compliance:
   • Search warrant issued under Section 93
4. Police search and seize the item.
5. Evidence is presented before court or included in investigation.

Judicial Interpretation

State of Gujarat v. Shyamlal Mohanlal Choksi (AIR 1965 SC 1251)

Held that the term “document” includes electronic records, and courts can compel their production when relevant.

S. Pratap Singh v. State of Punjab (AIR 1964 SC 72)

Emphasized that production orders must not be arbitrary and must be necessary for proceedings.

Safeguards and Limitations

• The process must not infringe fundamental rights (e.g., right to privacy under Article 21).
• Items produced must be relevant and material to the case.
• Courts cannot compel the production of privileged communications, such as:
  • Attorney–client conversations
  • Personal diaries (unless publicly relevant)

Table: Summary of Relevant Sections

Section	Provision	Purpose
91	Summons to produce documents or things	Directing appearance with evidence
92	Documents in postal or telegraph custody	Production via authority
93	Search warrant for documents or things	When voluntary production fails
94	Search of suspected premises	Stolen or illegal property
95	Forfeiture of objectionable publications	Seditious or obscene content
96	Application against forfeiture	Approach High Court
97	Search for wrongfully confined persons	Rescue operations
98	Restoration of abducted women and children	Safeguard victims
99–105	International evidence and property seizure	Cross-border investigation