Jan 23, 2018
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Section 91 : Summons to produce document or other thing

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Section 91: Summons to produce document or other thing

What are Summons?

Summons means A written notification issued by a civil court requiring that one must appear before the court in prescribed manner.  It issued by a Court are in writing, in duplicate, signed by the presiding officer of Court or other officer as the High Court may direct, and shall bear the seal of the Court. Its legal document issued by a Court on a person involved in a legal proceeding. Its severed on a person against whom legal action taken or any witness of legal proceeding. A summon served on defendant by plaintiff to ensure fair trial. If the summons not duly served then no action lies against the defendant. Summons case‖ means a case relating to an offence, and not being a warrant case. In the Code of Criminal Procedure, section 61 to 69 deals with summons.

How Served?

Following are modes of service of summon (section 62 of Code of criminal Procedure, 1973):

  • Every summon served by a police officer or any other officer as the State government thinks fit or an officer of the court or other public servant.
  • The summons, if practicable, served personally on the person summoned, by delivering or tendering one of the duplicates of the summons.
  • Summons served on any person, if so required by the serving officer, sign a receipt therefore on the back of the other duplicate.

Summons to produce document or other thing (section 91)

Any Court or any officer in charge of a police station before whom any investigation, inquiry, trial or other proceeding initiated. If such court of officer considers that production of any document or other thing necessary or desirable for such purposes. Such Court may also issue a summons to the person in whose possession such document or thing believed to there. Also requiring him to attend and produce it at the time and place stated in the summons or order.

Any person required merely to produce a document or other thing shall deemed to have complied with the requisition. If he causes such document or thing to produced instead of attending personally to produce the same.

Nothing in this section shall deemed-

  1. to affect, sections 123 and 124 of the Indian Evidence Act, 187  and also the Bankers, Books Evidence Act, 1891
  2. to apply to a letter, postcard, telegram or other document in the custody of the postal or telegraph authority.
Article Categories:
Criminal law

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