Source: Supreme Court

Why in News?

Recently, the Supreme Court in the matter of State of Rajasthan v. Swarn Singh @ Baba, has held that the Courts cannot issue processes under Section 91 of the Code of Criminal Procedure, 1973 (CrPC) to compel the production of documents based on the application made by the accused at the stage of framing of charges.

What was the Background of State of Rajasthan v. Swarn Singh @ Baba Case?

• In the instant case, the accused is facing the trial before the Trial Court for the offences under the provisions of Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS).
• The accused had filed an application before the Trial Court for summoning of the call details of the Seizure Officer and some other police officials for the date of seizure.
• The said application was rejected by the Trial Court
• Thereafter, the accused approached the High Court of Rajasthan.
• The High Court, while allowing the said petition has directed all Courts in the State of Rajasthan that whenever an application is moved to summon the Call-details by the accused during the criminal proceedings, the same shall not be deferred and will be decided forthwith.
• It is against this order; the appellant filed an appeal before the Supreme Court.
• Setting aside the order of the High Court, the Supreme Court allowed the appeal.

What were the Court’s Observations?

• The Bench Comprising of Justices Bela M. Trivedi and Pankaj Mithal observed that the Courts cannot issue processes under Section 91 of CrPC to compel the production of things/documents based on the application made by the accused at the stage of framing of charges.
• It was further stated that if any document is necessary or desirable for the defence of the accused, the question of invoking Section 91 of CrPC at the initial stage of framing of a charge would not arise since defence of the accused is not relevant at that stage. Insofar as the accused is concerned, his entitlement to seek order under Section 91 would ordinarily not come till the stage of defence.

What is Section 91 of CrPC?

About:

• This Section deals with the summons to produce documents or other things whereas the same provision has been covered under Section 94 of Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS). It states that -

(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 or the Bankers Books Evidence Act, 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.

Case Law

• In the case of Nitya Dharmananda v. Gopal Sheelum Reddy (2018), the Supreme Court observed that the accused cannot invoke and would not have right to invoke Section 91 CrPC at the stage of framing of charge.