Can A Notice Under Section 91 CrPC Be Issued To An Accused Person? Delhi High Court To Decide

The Delhi High Court has issued notice on a petition raising the question as to whether a notice under sec. 91 of the Code of Criminal Procedure can be issued to an accused person.

Justice Yogesh Khanna sought response of the State and directed it to file a status report before October 22, the next date of hearing.

The plea sought setting aside of the notices issued under sec. 91 of CrPC dated September 7, September 13 and September 17, 2021 arising out of an FIR registered in August this year.

The plea also sought stay on the said impugned orders until the final hearing and disposal of the petition.

Senior Advocate Dayan Krishnana appearing for the petitioner submitted that under the provision of law, no notice under sec. 91 of CrPC can be issued to the accused person.

Reference was made to the judgements in State of Gujarat v. Shyamlal Mohanlal Choksi & Ors (1965) 2 SCR 457 and V S Kuttan Pillai v. Ramakrishnan & Anr (1980)1 SCC 264 wherein it was held thus:

"...the expression 'person' in s. 91(1) (new Code) does not take within its sweep a person accused of an offence which would mean that a summons issued to an accused person to produce a thing or document considered necessary or desirable for the purpose of an investigation, inquiry or trial would imply compulsion and the document or thing so produced would be compelled testimony and would be violative of the constitutional immunity against self-incrimination."

While posting the matter to October 22, the Court directed the Investigating Officer to hold his hands qua the notice under Section 91 CrPC. 

"However, there shall be no stay on investigation," the Court clarified.

Title: AADIT PALICHA v. STATE GOVT. OF NCT DELHI

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