Production of books, articles, documents and other things is sometimes necessary to facilitate a trial. Section 91, therefore, provides that whenever any Court or any Officer-in-charge of a Police Station considers that production of any document or other thing is necessary or desirable for the purpose of investigation, a summons may be issued to the person in whose possession or power such document or thing is believed to be, requiring him to attend and produce it, or merely to produce it at the time and place mentioned in the summons.
If a person is required merely to produce a document or thing, he may cause it to be produced, instead of personally attending and producing the same and this becomes a sufficient compliance with the summons.
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ADVERTISEMENTS:
Such a summons cannot, however, apply to any letter, post card, telegram, parcel or other documents or things in the custody of the Post and Telegraph authorities. Such summons cannot also affect Ss. 123 and 124 of the Indian Evidence Act, 1872.
In cases where any document, parcel or thing is required for the purpose of investigation, inquiry, trial or other proceedings and the same is in the custody of the Post or Telegraph authorities, the Magistrate can require such authority to deliver the same to such person as may be directed by the Magistrate.