Does section 91 CrPC apply to accused?

417) that section 94 of the Criminal Procedure Code (old Code and presently Section 91) on its true construction does not apply to an accused person. Thus, S. 91 of Cr. PC cannot be used by the police for asking information from an accused in an online defamation case.

Under which section of CrPC FIR is filed?

Section 154
Section 154[1] of the Criminal Procedure Code (hereinafter referred to as CrPC), 1973, makes it clear that an FIR can be registered in cognizable offenses[2] only. Cognizable crimes are those offenses in which a police officer can arrest an accused without a warrant.

Can an accused invoke Section 91 to bring on record some documents before arguments on charge?

In Debendra Nath Padhi’s case (supra), the Supreme Court has clearly held that entitlement of the accused to invoke Section 91 of the CrPC would not ordinarily come till the stage of defence and no such right is conferred by Section 91 to the accused to seek production of document even by the prosecution.

What is Section 91 CrPC India?

(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 by or before such Court or officer, such Court may issue a summons, or such …

Can any document be placed by the prosecution during trial period?

P.C. were mandatory and that the accused should be furnished with copies of all documents on which the prosecution relies, prior to the commencement of the trial; and that after the; commencement of the trial the prosecution should not be permitted to produce and prove any new documents even though the accused may get …

Who can file FIR under CrPC?

Anyone who knows about the commission of a cognizable offence can file an FIR. It is not necessary that only the victim of the crime should file an FIR. A police officer who comes to know about a cognizable offence can file an FIR himself/herself. being committed.

What is U S 91 CrPC?

What is a Section 91?

What is a Section 91(14) order? Section 91(14) of the Children Act 1989 allows family courts to bar individuals from making further specified applications under the Children Act 1989 without permission of the court. These orders are known as section 91(14) orders or “barring orders”.

What is the punishment for perjury in India?

The punishment for the offence of Perjury is defined under section 193 of Indian Penal Code, 1860 as SEVEN YEARS of imprisonment. The procedure in dealing with cases mentioned u/s 191 of Indian Penal Code, 1860 are dealt in Chapter XXVI of The Code of Criminal Procedure, 1973 under section 340.

What is SEC 91 of the CrPC?

Sec. 91 of CrPC provides that a police officer or a court may, under certain circumstances, issue an order or a summons for the production of any document or thing if such production is necessary or desirable for the purpose of any investigation, INQUIRY, trial or other proceedings under the code.

What is section 91 of the Indian Penal Code?

Under Section 91 of Cr.P.C., police is empowered to issue a notice either to attend and produce a document or thing, or to produce it (in which case personal appearance may not be necessary). This section is as under: “ 91. Summons to produce document or other thing.

What is section 91 of the Code of Criminal Procedure 1973?

Section 91 in The Code Of Criminal Procedure, 1973. 91. Summons to produce document or other thing.

Does the term ‘person’ include the accused person under Section 91(1)?

Supreme Court held that the term ‘person’ under section 91 (1) does not include the accused person. However going again by the ratio decidendi of the judgment the court has stated that it is implicit in the section 91 (1) that an accused will not be called for any document which will be self incriminating.