Chapter 6, Part A of Code of Criminal Procedure states the process to compel the appearance through Summon. Section 61 to 69 of Code of Criminal Procedure deals with the provision of summon which includes it’s form, how it will be served, procedure, etc.
Section 91 of Code of Criminal Procedure states that the Court or officer in charge of Police Station considers the need or desire of production of documents for investigation, inquiry, trial or any other proceedings then the Court may issue Summon to the person or written order and require the person to attend and produce the document bir he can produce the document at the specified time and place which is mentioned in summon or written order.
Further, we need to know that the court have the power to issue search warrant under section 93 of Code of criminal procedure but the court can issue search warrant if it has reason to believe that the person to whom summon or written order under section 91 or 92(1) of Code of Criminal Procedure has been issued or might be addressed, would not produce the document or thing which is required for investigation, trial, inquiry or other proceedings.
Here, one needs to understand that Section 91 of Code of Criminal Procedure does not apply to the accused because the accused under the authority can’t be asked to attend and produce the document or given the option to produce the document.
