PROCESSES TO COMPEL PRODUCTION

OF THINGS UNDER Cr.PC

Ms. Preety Anand

Assistant Professor (Law),
Chanakya National Law University, Patna.
Article 21 of the
Constitution guarantees
right to life and personal
liberty.

• Chapter VII, Cr.PC

• Section 91- 105
Summons (s. 91-92)

Search with Search Warrant (s. 93-98)

Search without Search Warrant (s. 103)

Seizure (s. 102)

Summons to Produce

Summons issued by
court
Person believed to
have the
Section 91, Cr.PC
document/ thing
to produce Written Order by a
PO in charge of a
PS
Exceptions

1. Unpublished official records relating to the affairs of the state. (section 123 of
Indian Evidence Act, 1872)
2. Confidential official communications (section 124 of Indian Evidence Act, 1872)
3. The Bankers’ Books Evidence Act, 1891
4. A Letter/ Telegram/ Postcard/ Parcel etc. in the custody of Postal/ Telegraph
authority.
5. An accused person
Search with Warrant

 What is a Search Warrant?

A written authority given to a PO or any other person by a magistrate
to search a place:
1. Generally,
2. For a specified thing/article/document etc.
3. For persons wrongfully detained. (section 97)
The power to issue a SW should be exercised with all the care and
circumspection because it results in the invasion into privacy of
citizens. [Kalinga Tubes v D. Suri, 1953]
Search Warrant when issued (section 93-95)

 There are reasons to believe that the summons/ WO shall not be complied with.
 It is not known who is in the possession or has power over the document, thing etc
required.
 When court thinks that the purpose of any proceeding under the code can be
served only when a general search or inspection is conducted. Might specify the
place or a part of it.
 Only DM, CJM authorised to grant SW to search thing/doc/parcel in the custody
of Postal/Telegraph authority.
 Search of place suspected to contain stolen property, forged documents, etc
(section 94)
 Search of material declared as forfeited by State Government can be warranted
on reasonable suspect. (section 95)
 Search w/o a Search Warrant

Section 103: Magistrate Magistrate orders/directs search

orders search in his of a place that he is competent to
presence issue a SW for.

Search without SW
Guideline u/s 165 to be followed
1. PO in charge of PS
2. Cannot be a general Search
When immediate
3. Within local limits
search is required
4. Reasonable grounds + Record
5. Record sent to nearest magistrate
prior to search
Seizure

 Actual taking in possession in pursuance of a legal process

 Section 102
 What things?
1. Specific things
2. Incriminating things not specified as such
3. Things which creates suspicion of commission of any offence)
4. Things that are alleged or suspected to be stolen
 Report of Seizure to be given to the Magistrate having jurisdiction