Who can file application under section 91 CrPC?
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Who can file application under section 91 CrPC?
This means that an officer in charge of a police station can send a notice or a court can issue a summon under section 91(1) to any person within whose possession the officer or court thinks is the document or a thing necessary for the purpose of investigation.
Can an accused invoke Section 91 CrPC 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.
Can evidence be recorded in absence of accused?
(1) If it is proved that an accused person has absconded, and that there is no immediate prospect of arresting him, the Court competent to try such person for the offence complained of may, in his absence, examine the witnesses (if any) produced on behalf of the prosecution, and record their depositions and any such …
What are the rights of accused under CrPC?
Accused rights include the right to fair trial, get bail, hire a criminal lawyer, free legal aid in India, and more. As per the legal principle, one is considered innocent until proven guilty. The legal maxim reads out – “ei incumbit probatio qui dicit, non qui negat”.
What are the process to compel the appearance of a witness in a court?
6 Ways or Processes to Compel a person to Appear in the Court.
- 1) Summons –
- 2) Warrant –
- 3) Warrant in lieu of summons –
- 4) Proclamation of an absconder –
- 5) Attachment of his property of person absconding –
- 6) Bond with or without sureties to appear before a court on a certain date –
- See also…
What is US 91 CrPC?
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 …
What CrPC 91?
(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 …
Under Which section is it stated that evidence must be taken in the presence of the accused?
Section 273 in The Code Of Criminal Procedure, 1973. 273. Evidence to be taken in presence of accused.
Can charge be framed in absence of accused?
P.C. deals with the enquiries and trials being held in the absence of the accused. Sub-section (2) of Section 228 and Sub-section (2) of Section 241 stipulate that the charge shall be read and explained to the accused and he shall be asked whether he pleads guilty of the offence charged or claims to be tried.
Under which section of the CrPC does the site inspection apply?
The provision under Section 310 of the Criminal Procedure Code is for spot inspection by the judge to appreciate evidence adduced by the prosecution.
Who Cannot be called to police station only for questioning?
A boy under 15 years of age and women cannot be called to the police station only for questioning.
Can a notice be issued to an accused under Section 91 CrPC?
With regard to the above proposition, the apex court in case of State of Gujrat v Shyamlal Mohanlal Choksi has held that the term “any person” in section 91 of CrPC does not include the person accused of any offence and therefore no notice can be issued to the accused.
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.
What is section 91(1) of the Indian Penal Code?
The contentions were raised by many jurists and scholars that ‘any person’ in section 91 (1) also includes the accused person with other witnesses. Therefore if an accused person does not obey the summons, he will have to face the compelled search in his house, which shows the compulsion put on accused.
What is Section 93(1) of CrPC?
Section 93 (1) of CrpC provides that: (1) (a) Where any court has reason to believe that a person to whom a summons or order has been issued under section 91 or a requisition under section 92 has been or might be, addressed, will not or would not produce the document or thing required by such summons or requisition, or