Chapter VII - PROCESSES TO COMPEL THE PRODUCTION OF THINGS
A—Summons to produce
91. 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
92. 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)
