CrPC Section 139
Section 139 CrPC — Public Servant to produce document or thing in his possession or control
🔹 What does Section 139 say?
“When a public servant is summoned or required to produce any document or thing in his possession or under his control, he shall produce it before the Court or to the person requiring it, or, if he is unable to do so, shall explain the reason for his inability.”
Explanation:
This section imposes a legal duty on public servants to produce documents or things that are in their possession or control when summoned by a court or any authorized person.
The idea is to ensure transparency and facilitate justice by making public records or relevant evidence accessible during legal proceedings.
Key Points:
The public servant cannot refuse to produce official documents or items without a valid reason.
If unable to produce, the public servant must explain why—such as if the document is lost, destroyed, or unavailable.
The section helps prevent concealment or tampering of official evidence.
Who is a Public Servant?
Any person employed by the government or public authority, including police officers, government clerks, revenue officers, municipal officials, etc.
Purpose of Section 139:
To support the judicial process by ensuring that evidence in the form of documents or things held by public servants is made available.
To promote accountability in public offices.
To avoid delays in the administration of justice.
Practical Application:
For example, if a court orders a municipal officer to produce property tax records or building plans, the officer must comply.
If the officer fails to produce or explain the failure, it may lead to penalties or contempt of court.
Relation to Other Provisions:
This section works alongside provisions that deal with summons, warrants, and production of evidence.
If a public servant refuses without reason, it may result in punishment for contempt of court or other legal consequences.
Summary:
Public servants must comply when asked to produce documents/things in their control.
If unable, they must explain.
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