What is summon to produce document or other thing? What is procedure as to letters and telegrams? Section 91 and 92 of Code of Criminal Procedure 1973

Summon to produce document or other thing and procedure as to letters and telegram are defined under Section 91 and 92 of CRPC 1973. Provision under this section is:

Section 91 of CRPC. "Summons to produce document or other thing"
(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 officer a written order, to the person in whose possession or power such document or thing is believed to be, requiring him to attend and produce it, or to produce it, at the time and place stated in the summons or order.

(2) Any person required under this section merely to produce a document or other thing shall be deemed to have complied with the requisition if he causes such document or thing to be produced instead of attending personally to produce the same.

(3) Nothing in this section shall be deemed-

(a) to affect sections 123 and 124 of the Indian Evidence Act, 1872,(1 of 1872) or the Bankers' Books Evidence Act, 1891,(13 of 1891) or

(b) to apply to a letter, postcard, telegram, or other document or any parcel or thing in the custody of the postal or telegraph authority.

 

 

Section 92 of CRPC. "Procedure as to letters and telegrams"
(1) If any document, parcel or thing in the custody of a postal or telegraph authority is, in the opinion of the District Magistrate, Chief Judicial Magistrate, Court of Session or High Court wanted for the purpose of any investigation, inquiry, trial or other proceeding under this Code, such Magistrate or Court may require the postal or telegraph authority, as the case may be, to deliver the document, parcel or thing to such person as the Magistrate or Court directs.

(2) If any such document, parcel or thing is, in the opinion of any other Magistrate, whether Executive or Judicial, or of any Commissioner of Police or District Superintendent of Police, wanted for any such purpose, he may require the postal or telegraph authority, as the case may be, to cause search to be made for and to detain such document, parcel or thing pending the order of a District Magistrate, Chief Judicial Magistrate or Court under sub-section (1).