Section 91 CrPC: Summons to produce document or other thing

Code of Criminal Procedure, 1973

Section 91 CrPC at a Glance

Section 91 CrPC deals with summons to produce document or other thing. From 1 July 2024 it is replaced by Section 94 BNSS. Popularly called summons to produce a document. Section 94(1) BNSS adds electronic communication, including devices likely to contain digital evidence, to what may be required to be produced.

Now BNSS

Section 94 →

What Section 91 CrPC Says

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.

Source: Section 91, Code of Criminal Procedure, 1973

Section 91 CrPC in Simple Words

Section 91 of the Code of Criminal Procedure, 1973 enables a Court or an officer in charge of a police station to secure documents or other things for an investigation, inquiry, trial, or other proceeding under the Code.

When the Court or officer considers that producing a document or other thing is necessary or desirable, the Court may issue a summons, or the officer may issue a written order, to the person believed to have it in their possession or power.

A person required merely to produce an item complies by having it produced without attending personally.

When Section 91 CrPC Applies

A Court or an officer in charge of a police station may act under Section 91(1) of the Code of Criminal Procedure, 1973 when that Court or officer considers that producing a document or other thing is necessary or desirable for an investigation, inquiry, trial, or other proceeding under the Code before them.
The Court may issue a summons, and the officer in charge of the police station may issue a written order, directed to the person who is believed to have the document or thing in their possession or power.
The summons or written order under Section 91(1) CrPC requires the recipient either to attend and produce the document or thing, or simply to produce it, at the stated time and place.
Under Section 91(2) CrPC, a person who is directed merely to produce a document or other thing shall be deemed to have complied if they arrange for it to be produced without attending in person.

Example of Section 91 CrPC

Inspector Rajesh, the officer in charge of a police station, is conducting an investigation under the Code of Criminal Procedure, 1973 into a complaint of cheating. He considers that the production of an original sale register is necessary for the investigation and believes the register is in the possession of Meera, a local shopkeeper. Under Section 91(1) CrPC, Inspector Rajesh issues a written order to Meera requiring her merely to produce the register at the police station at the stated time and place. Under Section 91(2) CrPC, Meera sends the register through her clerk at the stated time instead of attending personally, and she is deemed to have complied with the requisition.

When Section 91 CrPC Does Not Apply

Section 91(3)(a) of the Code of Criminal Procedure, 1973 states that nothing in Section 91 CrPC shall be deemed to affect sections 123 and 124 of the Indian Evidence Act, 1872 or the Bankers’ Books Evidence Act, 1891.
Under Section 91(3)(b) CrPC, nothing in Section 91 CrPC shall be deemed to apply to a letter, postcard, telegram, or other document, or any parcel or thing, while it is in the custody of the postal or telegraph authority.
A summons or written order cannot be issued under Section 91(1) CrPC when the Court or officer in charge of a police station does not consider the production of the document or thing necessary or desirable for an investigation, inquiry, trial, or other proceeding under the Code.

Summons to Produce Document Under BNSS 94: What Changed

Section 91 CrPC is now covered under Section 94 BNSS.

Section 91 of the Code of Criminal Procedure, 1973 becomes Section 94 of the Bharatiya Nagarik Suraksha Sanhita, 2023. In substance, Section 94(1) BNSS adds electronic communication, including communication devices likely to contain digital evidence, to the items that a Court or an officer in charge of a police station may require to be produced, and allows the officer's written order to be in physical or electronic form. Section 94(3)(b) BNSS removes telegrams and the telegraph authority. Section 94(2) BNSS keeps the rule in Section 91(2) CrPC unchanged. Renumbering, changing Code to Sanhita, and updating Section 94(3)(a) BNSS are changes of form.

View detailed comparison (CrPC 91 vs BNSS 94) →

FAQs on Section 91 CrPC

Who can require the production of a document or other thing under Section 91 CrPC?▼

Any Court or any officer in charge of a police station may require production under Section 91(1) of the Code of Criminal Procedure, 1973. They may exercise this power whenever they consider that producing a document or other thing is necessary or desirable for an investigation, inquiry, trial, or other proceeding under the Code before them. The Court issues a summons, while the police officer issues a written order.

Must a person always attend in person to produce a document under Section 91 CrPC?▼

Personal attendance is not required when the summons or written order requires a person merely to produce a document or other thing. Section 91(2) CrPC provides that such a person shall be deemed to have complied with the requisition if they cause the document or thing to be produced instead of attending personally. However, under Section 91(1) CrPC, the summons or written order may require the person either to attend and produce the item or merely to produce it.

Which documents and items are excluded from Section 91 CrPC?▼

Section 91(3) CrPC sets out the exclusions from Section 91 CrPC. Under Section 91(3)(a) CrPC, nothing in Section 91 CrPC shall be deemed to affect sections 123 and 124 of the Indian Evidence Act, 1872, or the Bankers’ Books Evidence Act, 1891. Under Section 91(3)(b) CrPC, nothing in Section 91 CrPC applies to any letter, postcard, telegram, or other document, or any parcel or thing, that is in the custody of the postal or telegraph authority.

Where is Section 91 CrPC located in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Under the official mapping, Section 91 CrPC corresponds to Section 94 BNSS, with Section 91(2) CrPC mapping to Section 94(2) BNSS and Section 91(3) CrPC mapping to Section 94(3) BNSS. From 1 July 2024, summonses and written orders to produce documents, electronic communications, communication devices likely to contain digital evidence, or other things are governed by Section 94 BNSS.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 18 Oct 2026 ·