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Can Prosecution Be Compelled to Produce Document Under Section 91 CrPC?
In criminal trials, the question Can Prosecution be Compelled to Produce Document in Evidence if he Called Document under Section 91 often arises, pitting the prosecution's discretion against the accused's right to a fair trial. Section 91 of the Code of Criminal Procedure (CrPC), 1973, empowers courts and police officers to summon documents or things necessary for investigation, inquiry, or trial. But does this extend to forcing the prosecution to tender specific documents in evidence? This blog examines key judicial precedents, constitutional safeguards like Article 20(3) (protection against self-incrimination), and practical implications.
Disclaimer: This post provides general information based on judicial interpretations. It is not legal advice. Consult a qualified lawyer for case-specific guidance, as outcomes depend on facts and jurisdiction.
Understanding Section 91 CrPC: Core Provisions
Section 91 CrPC states:
(1) Whenever any Court or any officer in charge of a police station considers that the production of any document or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Code... such Court may issue a summons... requiring him to attend and produce it... State Of Orissa VS Debendra Nath Pandhi - 2004 8 Supreme 568
Key elements:
- Applies to courts or police officers.
- Limited to documents necessary or desirable at the relevant stage.
- Person summoned must produce the document but is not compelled to testify about it (Section 139, Evidence Act). B. Rajini VS Pakala Satyanarayana Rao - 2024 Supreme(Telangana) 110
However, courts have clarified limits, especially regarding accused persons and prosecution obligations.
Stage-Specific Application
- Framing of Charges (Sections 227/239 CrPC): Only prosecution material (police report under Section 173) is considered. Accused cannot introduce defense documents or invoke Section 91 to summon exculpatory evidence. At the stage of framing of charge... material as produced by the prosecution alone is to be considered and not the one produced by accused. State Of Orissa VS Debendra Nath Pandhi - 2004 8 Supreme 568
- Trial Stage: Accused gains broader rights under Section 243 CrPC to apply for document production, but not to compel prosecution witnesses. Rajesh Talwar VS CENTRAL BUREAU OF INVESTIGATION - 2013 Supreme(All) 1810
Can Courts Compel the Prosecution to Produce Specific Documents?
Generally, no. Production of prosecution witnesses and documents is at the public prosecutor's sole discretion. Courts cannot force the prosecution to tender a particular document or examine a witness unless it defeats justice. Rajesh Talwar VS CENTRAL BUREAU OF INVESTIGATION - 2013 Supreme(All) 1810
Judicial Precedents on Prosecution's Duty
Prosecutor's Discretion: Production of prosecution witness is sole and absolute discretion of public prosecutor. Courts reject applications to summon documents if deemed vexatious or delaying. However, if documents are exculpatory and material, courts may direct production under fairness principles (Article 21). Rajesh Talwar VS CENTRAL BUREAU OF INVESTIGATION - 2013 Supreme(All) 1810
Non-Reliance on Prosecution Documents: In a murder trial, prosecution opted not to rely on an ambiguous ballistic report. Court held no prejudice to accused's fair trial rights, as it was exhibited at defense instance. The discretion on the part of the I.O. and the superior officers was rightly exercised. Sidhartha Vashisht @ Manu Sharma VS State (NCT of Delhi) - 2010 3 Supreme 190
Call Details and CCTV: Courts have directed preservation and production of neutral records (e.g., telecom data) under Section 91, emphasizing truth-discovery. But prosecution isn't compelled to rely on them in evidence. State Of Himachal Pradesh VS Manohar Lal - 2019 Supreme(HP) 835
| Scenario | Can Court Compel Prosecution? | Rationale |
|----------|-------------------------------|-----------|
| Exculpatory documents in prosecution custody | Sometimes (direction to produce, not tender) | Article 21 fairness Sidhartha Vashisht @ Manu Sharma VS State (NCT of Delhi) - 2010 3 Supreme 190 |
| Ballistic/Forensic reports not relied upon | No, if ambiguous | Prosecutorial discretion Sidhartha Vashisht @ Manu Sharma VS State (NCT of Delhi) - 2010 3 Supreme 190 |
| Call details/CDR | Yes, summon for record | Neutral evidence, necessity test Ishwar Dass VS State of Himachal Pradesh - 2018 Supreme(HP) 154 |
| Defense-stage application | Limited | Not to create evidence State Of Orissa VS Debendra Nath Pandhi - 2004 8 Supreme 568 |
Constitutional Safeguards: Article 20(3) and Accused Rights
Section 91 cannot compel accused to produce incriminating documents, protecting against self-incrimination.
An accused cannot be compelled to produce documents under Section 91 if doing so breaches... Article 20(3). Manjula Ramlal Barot vs Iswarlal P. Barot - 2006 Supreme(Online)(Bom) 32
Key Rulings on Accused and Section 91
Supreme Court in Shyamlal Mohanlal Choksi: Section 91 does not apply to accused persons. Person excludes those formally accused. Compulsion would violate Article 20(3). Kadiyala Simhachalam VS E State of Andhra Pradesh - 2022 Supreme(AP) 977 RAJESH T.K vs STATE OF KERALA - 2023 Supreme(Online)(KER) 17341
Handwriting Specimens: Compelled samples infringe Article 20(3) if used as testimonial evidence. The privilege against self-incrimination extends to all positive and compelled acts of the accused. State of Kerala VS K. K. Sankaran Nair - 1960 Supreme(Ker) 122
Document Production by Accused: Courts cannot compel an accused to produce any evidence against him. E.g., original certificates in forgery case. Kanti Kumar VS State of Jharkhand
If he refuses to produce it before the Police Officer, he would be faced with a prosecution under Section 175 IPC... but cannot be compelled under Article 20(3). RAM KISHAN MITTAL vs THE STATE OF WEST BENGAL AND ORS - 2025 Supreme(Online)(Cal) 5900
Over 10 precedents affirm: No summons to accused under Section 91 for self-incriminating material. Ku. Urja Jain, D/o. Ajay Jain VS State of Chhattisgarh, Through Superintendent of Police, Raipur (C. G. ) - 2023 Supreme(Chh) 61 MOHANDAS T vs STATE OF KERALA - 2023 Supreme(Online)(KER) 11823
When Can Accused Seek Production from Prosecution?
Accused can file Section 91 applications post-charge framing (defense stage), but success depends on:
1. Necessity/Desirability: Document must aid trial, not fish for evidence. State Of Orissa VS Debendra Nath Pandhi - 2004 8 Supreme 568
2. Non-Vexatious: Not to delay or defeat justice. Rajesh Talwar VS CENTRAL BUREAU OF INVESTIGATION - 2013 Supreme(All) 1810
3. Stage Relevance: Not at charge framing; only prosecution records matter. State Of Orissa VS Debendra Nath Pandhi - 2004 8 Supreme 568
Example: In a sessions trial, accused sought call details to prove alibi. Court allowed, directing service providers (not prosecution) to produce. Necessity and desirability... is to be examined considering the stage. Ishwar Dass VS State of Himachal Pradesh - 2018 Supreme(HP) 154
Prosecution must disclose all material under Section 173(5) CrPC, but choosing what to tender remains discretionary. Withholding non-conclusive reports doesn't breach Article 21 if no prejudice. Sidhartha Vashisht @ Manu Sharma VS State (NCT of Delhi) - 2010 3 Supreme 190
Related Contexts: Anticipatory Bail and Evidence Rules
- Anticipatory Bail (Section 438 CrPC): Extraordinary relief; courts cannot impose unlegislated restrictions like limited duration. Links to personal liberty (Article 21). Siddharam Satlingappa Mhetre VS State of Maharashtra - 2010 8 Supreme 353
- Framing Charges: No mini-trial; defense materials irrelevant. Section 91 invocation by accused premature. State Of Orissa VS Debendra Nath Pandhi - 2004 8 Supreme 568
Key Takeaways for Practitioners
- Prosecution: Retain discretion but disclose under Section 173. Avoid suppression of material evidence to uphold Article 21.
- Accused: Use Section 91 cautiously at defense stage; cannot compel testimony or force prosecution reliance.
- Courts: Balance truth-seeking with rights; reject accused summons pre-trial, protect against self-incrimination.
In summary, courts typically cannot compel prosecution to produce/tender specific documents under Section 91, respecting prosecutorial independence. However, directions for preservation/production of neutral records are common for fair trials. Always assess stage, necessity, and prejudice.
For deeper insights, review cited precedents. Stay informed on evolving jurisprudence under CrPC and Constitution.
Search Results for "Can Prosecution Be Compelled to Produce Document Under Section 91 CrPC?"
2010 8 Supreme 353 • India - Supreme Court
DALVEER BHANDARI, K.S.P.RADHAKRISHNAN
of anticipatory bail under section 438 Cr.P.C. limits the personal liberty of the accused granted under Article 438 Cr.P.C. ... Criminal Procedure Code,1973- Section 438- Anticipatory Bail-Appeal against order passed ... The Code of Criminal Procedure, 1898 did not contain any specific provision corresponding to the present section 438 Cr.P.C. ... Section 438 Cr.P.C. is an extraordinary provision where the accused who apprehends his/her arrest on #HL....
1994 0 Supreme(SC) 1 • India - Supreme Court
S.C.AGRAWAL, R.M.SAHAI, M.M.PUNCHHI, K.RAMASWAMY, S.R.PANDIAN
, 21 , 359(1) , 20 ,21, 233, 234 ,235 , 143(1) , 139-A and 20(3) - Northern Ireland (Emergency Provisions) Act of 1973 - Indian Evidence ... Act, 1872 - Criminal Law Act of 1973 - Section 62 - Ireland Emergency Provisions Act, 1978 - U.P. ... 9 of the Code of Criminal Procedure Act, 1976 by which Legislative Assembly of Uttar Pradesh has deleted Section 438 of Code of ... He should frame a charge if the prosecution shows that the material placed on record and the documents#HL....
1981 0 Supreme(SC) 511 • India - Supreme Court
A.C.GUPTA, V.D.TULZAPURKAR, S.MURTAZA FAZAL ALI, R.S.PATHAK, P.N.BHAGWATI, D.A.DESAI, E.S.VENKATARAMIAH
Dealing with the rule of 'public interest immunity" claimed by a person who is called upon to produce any document, Lord Scarman ... both under clause (3) of Article 163, and Section 123 of the Indian Evidence Act. ... and the document is therefore one relating to affairs of State, is not excluded by Section 162.
2004 8 Supreme 568 • India - Supreme Court
Y.K.SABHARWAL, D.M.DHARMADHIKARI
of the case and the document and articles, if any, which are to be produced in evidence and notify the Public Prosecutor of the ... No-Expression "the record of the case" used in Section 227 of Code-Material as produced by prosecution ... Section 91 presupposes that when the document is not produced process may be initiated to compel....
1981 0 Supreme(SC) 370 • India - Supreme Court
A.N.SEN, A.V.VARADARAJAN, S.MURTAZA FAZAL ALI
15 of Letters Patent to be appealable under provisions thereof - As already stated, it is not necessary to decide in present ... without being given a chance to rebut that evidence. ... for the recovery of rent of agricultural land from the produce of such land." ... Similarly, orders passed by the trial Judge deciding question of admissibility or relevancy of a document. also cannot be treated
2013 0 Supreme(All) 1810 • India - Allahabad
SUDHIR AGARWAL
to produce a particular evidence, documentary/oral or examine a particular witness—Held, production of prosecution witness is sole ... —Evidence Act,1872—Sections 27, 25, 26 and 65(b)—Constitution of India, 1950—Articles 20 and 21—Witness—Documents—Summoning of—Application ... (A) Criminal Procedure Code, 1973—Sections 233, 91, 230, 231, 482, 313 and 311—(Indian) Penal Code, 1860—Sections 302, 201....
2019 0 Supreme(Bom) 1497 • India - Bombay
RANJIT MORE, BHARATI DANGRE
There is no material placed on record to establish him as a member of any crime syndicate nor it is established that he was a participant ... Penal Code - Section 34 – First Information Report - writ jurisdiction – Claim of compensation - In the said proposal total 20 accused ... On receipt of the proposal, the Special Inspector General of Police, CID, Pune, accorded his approval under Section 23(1)(a) of the ... However, he would also subm....
1960 0 Supreme(Ker) 122 • India - Kerala
MOHAMMED AHMED ANSARI, ANNA CHANDY, P.GOVINDA MENON
The accused objected to the document being admitted in evidence on the ground that the specimen handwriting was taken by the witness ... HANDWRITING - CRIMINAL LAW - Evidence Act, Section 73 - The court discussed the admissibility of the specimen of the accused's ... The prosecution sought to prove the accused's handwriting through a specimen obtained by the Sub-Divisional Magistrate. ... In case the document amounts to an evidence ....
• India - Crimes
H.C.MISHRA
possession any document was believed to be which is required for trial of the case to produce, but courts cannot compel an accused ... 91 CrPC to produce original certificates—Order amounts to petitioners being directed to produce evidence against themselves and ... to produce any evidence against him—Petitioners were tried for offences under Sections 420, 467, 468, 471 IPC on allegations that .......
2006 Supreme(Online)(Bom) 32 • India - Bombay
V.M. Kanade, J
AIR 1965 SC 1251 ), it was clearly held that the accused could not be compelled to produce documents
2023 0 Supreme(Chh) 61 • India - Chhattisgarh
SANJAY K. AGRAWAL, RADHAKISHAN AGRAWAL
91 – Criminal breaches of trust by clerk or servant – Power of High Court to issue certain writs – Protection of certain rights ... Sections 420, 409 & 120B, 201, 467, 468, 471 – Constitution of India, 1949 – Article 20, 226 – Criminal Procedure Code, 1973 – Section ... According to the accused, he cannot be compelled to produce this document under Article 20(3) of the Constitution. What is he to do? ... If he refuses to produce it before the Police Officer, he would be faced with a #H....
2022 0 Supreme(AP) 977 • India - Andhra Pradesh
CHEEKATI MANAVENDRANATH ROY
Whether Section 91 Cr.P.C. applies to accused persons. 2. ... (corresponding to Section 91 of the present Cr.P.C.) does not apply to accused persons. Issues: 1. ... Whether the notice issued to the petitioner under Section 91 Cr.P.C. was valid. Ratio Decidendi: 1. ... which is not containing the statement of the accused and he can be called upon to produce the said document. ... If it is a document, which is not hi....
2024 0 Supreme(Telangana) 110 • India - Telangana
T. MADHAVI DEVI
Bindra invited our intention to Section 139 of the Evidence Act which provides that a person summoned to produce a document does not become a witness by the mere fact that he produces it and cannot be cross-examined unless and until he is called as a witness. ... If he refuses to produce it before the Police Officer he would be faced with a prosecution under Section 175 Indian Penal Code and in this prosecution he could not contend ....
2025 Supreme(Online)(Cal) 5900 • India - Calcutta High Court
If he refuses to produce it before the Police Officer, he would be faced with a prosecution under Section 175 Indian Penal Code, and in this prosecution he could not contend that he was not legally bound to produce it because the order to produce is valid order if Section 94 applies to an accused person ... According to the accused, he cannot be compelled to produce this document under Article 20(3) of the Constitu....
2026 0 Supreme(Ker) 228 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS
Dealing with S.91 of the CrPC it is stated that the document or thing called for must have some relation to or connection with the subject matter of the investigation, inquiry or trial and throw some light on the proceeding or be some link in the chain of evidence. ... Under of the (corresponding to Section 91 of the Code of Criminal Procedure ), a witness can only be directed to produce a document or thing that is in his possession or control. ... ....
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