AI Overview...
Timing for Section 91 CrPC Applications in Criminal Procedure
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Relevance and Discretion of Court - Section 91 empowers courts to summon documents or records necessary for the case, with courts exercising discretion regarding the timing of such summons. It is not bound by Sections 172 and 173, which relate to the production of documents during investigation and trial stages. The court can invoke Section 91 at various stages, including pre-trial, trial, or even during appeal, depending on necessity Narasimman VS State Rep. by The Deputy Superintendent of Police, Salem - Madras.
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Stages and Limitations - Courts generally recognize that applications under Section 91 are most appropriate before or during trial when the need for documents arises. However, courts have held that invoking Section 91 at the charge framing stage is inappropriate unless justified by the circumstances, emphasizing that the application should be filed at a stage when the documents are crucial for defense or investigation State of Rajasthan VS Swarn Singh @ Baba - Supreme Court.
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Timing in Practice - The courts have observed that Section 91 applications are often filed at different stages, including during investigation, trial, or appeal, but the timing should align with the necessity of the documents for the case. Unreasonable or delayed applications may be dismissed, and courts maintain the discretion to decide when to summon documents based on the case's facts Mohammed Muddassir Kaleem VS National Investigating Agency Ministry of Home Affairs GOI - Karnataka.
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Specific Cases and Examples - For instance, applications for summoning CCTV footage or call records are considered timely if made when such records are relevant to the case's defense or investigation. Courts have also rejected applications if they are made at an inappropriate stage or are deemed unnecessary, emphasizing the importance of timing State Govt Of Nct Of Delhi VS Nizamuddin @ Nizam - Delhi, Sanjiv Rajendra Bhatt VS State Of Gujarat - Gujarat.
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Legal Principles and Jurisprudence - The courts have clarified that Section 91 is not confined to a particular stage and can be invoked at any point when the documents are deemed essential. However, the timing should be reasonable, and the application should be made promptly once the need arises, to avoid unnecessary delays or abuse of process SAHEJAMA @ SAHJAMA VS STATE OF UTTARAKHAND - Uttarakhand, SUBHAN VS STATE OF UTTARAKHAND - Uttarakhand.
Analysis and Conclusion
Applications under Section 91 CrPC are flexible regarding timing but should be filed at a stage when the documents are genuinely needed for the case, such as during investigation, trial, or appeal. Courts exercise discretion based on the case's specifics, and late or unnecessary applications may be dismissed. Proper timing ensures the efficient administration of justice and prevents misuse of the provision.
Search Results for "Timing for Section 91 Crpc Applications in Criminal Procedure"
2022 0 Supreme(Mad) 770 • India - Madras
RMT.TEEKAA RAMAN
Section 91 - Criminal Original Petition - P.C ACT 1988 - 7A - Cr.P.C - 207 - 172 - 173 - The court discussed the relevance and ... Section 91 of the Cr.P.C. ... necessity of documents for trial under Section 91 of the Cr.P.C, the discretion of the court to summon documents, and the timing ... Section 91 is not subjected to Section 172 & 173 of ....
2023 0 Supreme(Kar) 1325 • India - Karnataka
SREENIVAS HARISH KUMAR, G. BASAVARAJA
(Paras 1-9) ... ... (B) Criminal Procedure - The right to seek document production is contingent ... (A) Constitution of India - Articles 226 and 227 - Code of Criminal Procedure - Section 91 - Writ petition challenging dismissal ... and timing of document production requirements under the Code. ... 482 of Code of Criminal Procedure (Cr.P.C.), challenging the order of dismissing his application filed under section#HL_END....
2024 0 Supreme(SC) 888 • India - Supreme Court
BELA M. TRIVEDI, PANKAJ MITHAL
Legal Procedure - Criminal Procedure Code - Sections 91, 227 - The court interpreted the provisions of Section ... of invoking Section 91 of the Criminal Procedure Code. ... Ratio Decidendi: The court held that the accused cannot invoke Section 91 Cr.P.C. at the charge framing stage ... Criminal Misc. (Pet.) ... The Criminal Appeal stands allowed accordingly. 9....
2025 Supreme(Online)(KER) 11460 • India - High Court of Kerala
C. JAYACHANDRAN, J
... ... Issues: Whether the petitioner can summon documents under Section 91 Cr.P.C. for his defense. ... (A) Code of Criminal Procedure, 1973 - Section 91 - Petitioner is the sole accused in a POCSO case, seeking production of CCTV footage ... (Paras 3, 4) ... ... (B) Legal Principles - Section 91 of Cr.P.C. empowers the Court to summon ... Petitioner is aggrieved by Annexure-A5 Order, which rejected petitioner’s appli....
2021 0 Supreme(Del) 1921 • India - Delhi
SUBRAMONIUM PRASAD
Call Detail Records - Interference in Investigation - Section 91 CrPC, Attar Singh v. State, Narcotics Control Bureau v. ... CBI - The court discussed the power of the court under Section 91 CrPC to call for call records of the Investigating Officer and ... In similar applications under Section 91 Cr.P.C. moved by Accused No. 3 for summoning Call Detail Records of PW-18 Sujit Panigrahi and PW-29 Vijay Kumar Gautam,....
2008 0 Supreme(Pat) 658 • India - Patna
ABHIJIT SINHA
Summoning of Documents - Criminal Procedure - Section 156(3) Cr.P.C, Sections 420, 417, 467, 468, 472 and 120-B I.P.C, Section ... 91 Cr.P.C. ... 91 Cr.P.C, Section 165 of the Indian Evidence Act, AIR 1965 SC 1251, AIR 1980 SC 185, 1962 3 SCR 10 Fact of the Case: ... Shyamlal Mohanlal Choksi, AIR 1965 SC 1251 in dealing with Section 94 of the Code of Criminal Procedure....
2017 0 Supreme(UK) 568 • India - Uttarakhand
U.C.DHYANI
Criminal Procedure Code, 1973, Sec. 482 — Powers of High Court — Inherent jurisdiction — Timings of settlement play a crucial role ... alleged commission of offence and the matter is still under investigation, the High Court may accept the settlement to quash the criminal ... Application under Section 482 Cr.P.C. is thus disposed of in terms of compromise arrived at between the parties. ... By means of present Application under Section 482 #HL_STAR....
2021 0 Supreme(Guj) 433 • India - Gujarat
S.H.VORA
NDPS Act - Section 17 - Criminal Law Amendment Act, 1952 - sections 306 - Code of Criminal Procedure, 1973 ... - Section 91 - Grant of pardon is essentially a matter between the person - Release on temporary bail - Applicant – Original accused ... the impugned order and present order and accordingly, present Criminal Revision Application being meritless – p align="justify ... Serious allegations are made against the State as to timing#HL_EN....
2017 0 Supreme(UK) 566 • India - Uttarakhand
U.C.DHYANI
Criminal Procedure Code, 1973, Sec. 482 — Application under — It will be a futile exercise if proceedings of the criminal case against ... By means of present Application under Section 482 Cr.P.C., the applicant seeks to quash the entire proceedings of Sessions Trial No. 229 of 2016 (Case Crime No. 91 of 2016), State vs. ... Application under Section 482 Cr.P.C. is thus disposed of in terms of compromise arrived a....
2024 Supreme(Online)(Kar) 36252 • India - Karnataka High Court
MR JUSTICE M.NAGAPRASANNA, J
(A) Criminal Procedure Code, 1973 - Section 311 - Recall of witness - Application for recall of CW3 was rejected by the Magistrate ... ... ... Result: The criminal petition is allowed. ... to recall a witness in a criminal case involving serious offences under various laws, asserting the necessity of the witness's testimony ... A two judge Bench of this Court in Mohanlal Shamji Soni (supra) while dealing with pari materia provisions of Section 540 of the Criminal C....
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