Supreme Court Reiterates: Section 91 CrPC Cannot Be Invoked Before Defence Stage
Apex court says accused cannot demand documents at charge-framing stage
Ruling reinforces earlier precedents, ensures fair trial balance between prosecution and defence
By Our Legal Correspondent
In a landmark clarification, the Supreme Court of India has once again reiterated that Section 91 of the Code of Criminal Procedure, 1973 (CrPC) cannot be invoked by the accused before the defence stage of a criminal trial. The ruling came from a bench comprising Justice Ahsanuddin Amanullah and Justice Prashant Kumar Mishra, which relied on earlier judgments including State of Orissa v. Debendra Nath Padhi (2005) and Sarla Gupta v. Directorate of Enforcement (2025).
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The Court emphasized that while Section 91 empowers courts and police to summon documents or things necessary for investigation or trial, the accused’s entitlement to seek such documents arises only when they enter their defence. At the stage of framing charges, the accused cannot compel the prosecution to produce documents, as the defence is not relevant at that stage.
Background of Section 91 CrPC
Section 91 of the CrPC states that:
- A court or police officer may issue a summons or written order requiring the production of any document or object deemed “necessary or desirable” for investigation, inquiry, trial, or other proceedings.
- The provision is designed to aid the judicial process by ensuring relevant material is available when required.
However, disputes have often arisen over whether the accused can invoke Section 91 before charges are framed. The Supreme Court has consistently held that this is not permissible, as the defence case is not considered at the charge-framing stage.
Court’s Observations
The bench made several important observations:
- No right at charge stage: The accused cannot demand production of documents at the stage of framing charges.
- Defence relevance later: The right to summon documents arises only when the accused enters their defence.
- Settled law: The issue is no longer open to debate, having been settled by earlier three-judge bench rulings.
- Balance of fairness: Allowing accused to invoke Section 91 prematurely would disrupt the balance between prosecution and defence.
Justice Amanullah noted that the law is “no longer res integra” (no longer unsettled), as the Supreme Court has repeatedly clarified the scope of Section 91.
Why This Judgment Matters
This ruling has wide implications for criminal trials in India:
- Ensures fair trial: Prevents misuse of Section 91 by accused to delay proceedings.
- Protects prosecution: Ensures the prosecution can present its case without premature interference.
- Clarifies procedure: Reinforces the timeline of when defence rights can be exercised.
- Reduces litigation: Provides clarity, reducing unnecessary petitions at the charge-framing stage.
Likely Impact on Criminal Trials
- Accused persons: Must wait until the defence stage to seek production of documents.
- Courts: Gain clarity on handling Section 91 applications, reducing procedural confusion.
- Prosecution: Can proceed with framing charges without being compelled to produce documents prematurely.
- Judicial efficiency: Helps streamline trials and avoid delays caused by premature applications.
Expert Reactions
- Legal scholars: Welcomed the ruling as a reaffirmation of established law.
- Criminal lawyers: Said the judgment provides clarity and prevents misuse of procedural provisions.
- Civil society: Saw the ruling as a step toward faster trials and reduced delays.
Broader Context
The Supreme Court has consistently held that defence rights must be exercised at the appropriate stage. In Debendra Nath Padhi (2005), the Court ruled that accused persons cannot invoke Section 91 at the charge-framing stage. In Sarla Gupta (2025), a three-judge bench reaffirmed this principle, emphasizing that the defence case is irrelevant until charges are framed.
This latest ruling continues the judicial trend of reinforcing procedural discipline in criminal trials, ensuring that both prosecution and defence operate within defined boundaries.
Conclusion
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The Supreme Court’s reiteration that Section 91 CrPC cannot be invoked before the defence stage is a landmark clarification that strengthens procedural fairness in criminal trials. By emphasizing that the accused cannot demand documents at the charge-framing stage, the Court has reinforced earlier precedents and ensured that trials proceed without unnecessary delays.
This ruling will likely streamline criminal proceedings, protect the prosecution’s case, and provide clarity to courts and litigants alike.
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