CrPC Section 26
Section 26, CrPC: Summons to produce document or other thing
Text:
“Whenever it is necessary or desirable to examine any document or other thing for the purposes of an investigation, inquiry, trial, or other proceeding under this Code, a Magistrate or any officer in charge of a police station may, by summons, require the person in whose possession or power the document or thing is believed to be, to produce it at such time and place as may be specified in the summons.”
Detailed Explanation:
1. Purpose and Scope:
Section 26 is a procedural provision allowing the Magistrate or police officer in charge of a police station to summon a person to produce any document or item that is necessary or desirable for criminal proceedings.
The provision aims to facilitate the collection of evidence relevant to investigations, inquiries, trials, or any other proceeding under the CrPC.
This is an important power to ensure that relevant materials can be inspected and examined by authorities without physically seizing them initially or by coercing production.
2. Who can issue summons under Section 26?
Magistrate: Any Magistrate conducting the proceedings.
Officer in charge of a police station: The police officer investigating the case can also issue such summons to produce documents or things.
3. What can be summoned?
Documents: Includes written materials such as contracts, letters, agreements, receipts, records, registers, or any paper relevant to the case.
Other things: Any tangible item (e.g., weapons, electronic devices, objects) that may be relevant evidence.
The item summoned must be believed to be in the possession or power of a person.
4. To whom is the summons issued?
The summons is issued to the person in possession or power of the document or thing.
This person may or may not be a party to the case.
The summons is a legal notice requiring the person to produce the document or thing at a specified time and place.
5. Purpose of production:
The summoned item will be examined or inspected for its relevance to the criminal case.
It helps in gathering evidence without forceful seizure.
It ensures that the accused or the investigating officer can have access to relevant material.
6. Time and place for production:
The summons will specify the time and place for production.
Usually, production is required at the Magistrate’s court or the police station conducting the investigation.
7. Legal consequences:
Non-compliance with the summons may result in legal consequences such as contempt of court or further legal action.
The person summoned must produce the item unless legally exempted.
8. Difference between Section 26 and Section 91 CrPC:
Section 26 is primarily used during investigation or inquiry, and the summons can be issued by police or Magistrate.
Section 91 deals with summoning documents or things during a trial or other proceedings and can be issued only by a court.
Illustrative Example:
Suppose during an investigation of a fraud case, the police find it necessary to inspect the accused’s bank statements or business records. The officer in charge can issue a summons under Section 26 to the bank manager or the custodian of the records to produce the relevant documents for examination.
Summary of Key Aspects:
| Aspect | Explanation |
|---|---|
| Authority to issue summons | Magistrate or police officer in charge of police station |
| Items that can be summoned | Documents or any other thing relevant to the case |
| Purpose | To examine evidence during investigation, inquiry, or trial |
| Person summoned | Person in possession or control of the document or thing |
| Place and time specified | In summons, must be complied with |
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