Published on: December 29, 2023 at 12:40 IST
Court: Supreme Court of India
Citation: Nitya Dharmananda V. Gopal Sheelum Reddy (2018)
Honourable Supreme Court of India has held that Section 91 of the Code Criminal Procedure, 1973 cannot be invoked at the stage of framing of a charge. It is held that only the record of Police Report under the aegis of Section 173 of the Code of Criminal Procedure, 1973 can be called upon at the stage of framing of charges under Section 227 of the Code of Criminal Procedure, 1973. It is held that Section 91 of the Code Criminal Procedure, 1973 does not confer any right on the accused to produce document in his possession to prove his defence as it presupposes that when the document is not produced process may be initiated to compel production thereof.
5. It is settled law that at the stage of framing of charge, the accused cannot ordinarily invoke Section 91. However, the court being under the obligation to impart justice and to uphold the law, is not debarred from exercising its power, if the interest of justice in a given case so require, even if the accused may have no right to invoke Section 91. To exercise this power, the court is to be satisfied that the material available with the investigator, not made part of the charge-sheet, has crucial bearing on the issue of framing of charge.
8. Thus, it is clear that while ordinarily the Court has to proceed on the basis of material produced with the charge-sheet for dealing with the issue of charge but if the court is satisfied that there is material of sterling quality which has been withheld by the investigator/prosecutor, the court is not debarred from summoning or relying upon the same even if such document is not a part of the charge-sheet. It does not mean that the defence has a right to invoke Section 91 CrPC dehors the satisfaction of the court, at the stage of charge.
Drafted By Abhijit Mishra