Disagreeing on Section 91 CrPC: Who gets to see the document?
crpc_bnss clat_ug intermediate mcq_debateYaar, Rohan and I were studying for CLAT and we got stuck on this one. It's Section 91 CrPC. Rohan says it's the defence that gets to see the document, but I'm like, naah, it's the prosecution. Here are our arguments:
Rohan says: "Section 91 CrPC says that if a document contains statements of facts in handwriting of a person who is dead or cannot be found, it can be used in court. So, it's clearly defence who needs to see it to cross-examine the handwriting, right? It's a witness statement, not some random doc."
Me: "But Rohan, you're forgetting Section 91 says it's the prosecution that gets to use the document as proof. So, the doc is already in prosecution's hands, no? It's not like it's some secret evidence.
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Additional Info: Section 91 CrPC talks about production & inspection of documents by police. However, Section 91 has specific conditions - the document should be relevant to the investigation & the document's production should not cause injury to some person. If the document is relevant & required by the investigation, police can inspect it in the presence of the person concerned & they can take a copy.