Can an accused invoke Section 91 to bring on record some documents before arguments on charge?
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 kind of Offences have been excluded from the operation of the Indian Penal Code?
—The exceptions in sections 87, 88 and 89 do not extend to acts which are offences independently of any harm which they may cause, or be intended to cause, or be known to be likely to cause, to the person giving the consent, or on whose behalf the consent is given.
Can proclamation be issued against witness?
L. L 3651]. Though the process under Sections 82 & 83 of the Code of Criminal Procedure, 1973 can be issued in a summons case and against a witness. But to lay a foundation for the issuance of a proclamation under Section 82 with an accompanying in the order for attachment under Section 83 Cr.
Can a court take bond for appearance of a person who is present in the court?
When any person for whose appearance or arrest the officer presiding in any Court is empowered to issue a summons or warrant, is present in such Court, such officer may require such person to execute a bond, with or without sureties, for his appearance in such Court, or any other Court to which the case may be …
What evidence is not admissible in Court?
hearsay
Evidence that can not be presented to the jury or decision maker for any of a variety of reasons: it was improperly obtained, it is prejudicial (the prejudicial value outweighs the probative value), it is hearsay, it is not relevant to the case, etc.
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(1) of the Code of Criminal Procedure?
Section 91 of the Code of Criminal Procedure deals with the power of the courts and police authorities regarding search and seizure of document or thing. In our discussion, our main focus will be particularly upon the power of the courts or officer in charge to issue a summons or summon notice in section 91 (1) of the Code of Criminal Procedure.
Can a magistrate conduct an inquiry under Section 91 of CrPC?
As seen from reading of the above provisions, „inquiry‟ being conducted by the magistrate carries possibility of getting application under section 91 of CrPC seeking documents from the custody of the accused.
What is the issue of process in code of Criminal Procedure 1973(CrPc)?
It is in consonance with this theory only that there are provisions in Code of Criminal Procedure, 1973 (CrPC) related to issue of process, provisions in section 161 (3), provision in section 162 of the code that any statement recorded during the course of investigation, shall not be signed by the person making the statement, has been specified.
