Rohit CRPC (R)

“PROCESSES TO COMPEL PRODUCTION OF THINGS”
A Proposal made by: - Name- ROHIT KUMAR

Roll-1847
4TH SEMESTER
B.B.A. LL. B
A Proposal submitted to: - DR.FR.PETER LADIS F
A research proposal submitted in partial fulfilment for the course (Criminal Law II) for
attaining the degree B.B.A. LL.B(Hnrs).
FEBRUARY 2019
CHANAKYA NATIONAL LAW UNIVERSITY
NAYANAGAR MITHAPUR PATNA-800001
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INTRODUCTION
The law regarding processes to compel the production of documents and other movable property
is laid down in Sections 91 to 94 of the Code of Criminal Procedure. Such processes are of two
kinds, viz., a summons and a search warrant.
Whenever any court or any officer in charge of a police station considers that any document or
other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other
proceeding under the Code, such court or officer may issue a summons or a written order to the
person in whose possession or power it is believed to be requiring him to attend and produce it,
or to produce it at the time and place stated in the summons or order. (Section 91).
If the document or thing is in the custody of a postal or telegraph authority, a District Magistrate,
Chief Judicial Magistrate, the High Court or Court of Sessions may require the postal or
telegraph authority to deliver such document, parcel or thing to such person as such Magistrate
or court directs. (Section 92)
The court may issue search warrant if:
1. any Court has reason to believe that a person to whom a summons or order given will not
or would not produce the documents or things as required by such summons, or
2. where such document or things in the possession of any person and also not known to the
Court, or
3. where the Court considers that general search and inspection required for purposes of any
inquiry, trial or other proceeding under this Code,
The search warrant directed to a person. He may search or inspect in accordance therewith and
the provisions hereinafter contained.
1. The Court should specify in the warrant the particular place and till what part search and
also inspection extends. The person charged with the execution of such warrant, then
search or inspect as specified.
2. Any Magistrate other than a District Magistrate or Chief Judicial Magistrate authorized to
grant a warrant to search for document.
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Search-warrant should issued on application in Form No. 10 in Schedule II of the Code. The
Magistrate may amend the warrant dispensing with the production of the articles before him.
The warrant must:
1. Be in writing
2. Contain all the matters that the law requires it to stated therein. (Section 93)
RESEARCH METHODOLOGY
The researcher will rely on doctrinal method of research. The study of research is based on both
primary and secondary sources of data collection. The major sources of data collection of the
researcher will be different law books of criminal law.
• Doctrinal Method:- Books, internet, journals, judgements etc.
• Researcher will mainly rely on library-based study.
AIMS AND OBJECTIVES
The researcher intends to find out the processes to compel production of things and also the
provisions related to it.
REVIEW OF LITERATURE
The researcher has examined the primary and secondary sources of data in the project. The
primary sources are the Indian Penal Code, legal provisions and case laws. The secondary
sources are books, journals, magazines, newspaper etc.
LIMITATION
The present research is confined to a time limit of one month. The researcher has used purposive
and convenient method of data collection due to paucity of time and various limitations of
Research which includes Money, area, language etc.
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SCOPE OF THE STUDY
This research work on “Processes to compel production of things” may be utilized for knowing
various things regarding summons and search warrant.
HYPOTHESIS
The researcher is of the opinion that the provisions given in chapter 7 i.e. processes to compel
production of things of Criminal Procedure Code has its relevancy in an investigation.
TENTATIVE CHAPTERIZATION
1. INTRODUCTION
2. WHAT IS SUMMONS AND SEAECH WARRANTS?
3. LEGISLATION RELATED TO PRODUCTION OF THNGS
4. CASE LAWS
5. CONCLUSION AND SUGGESTION
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“PROCESSES TO COMPEL PRODUCTION OF THINGS”

A Proposal made by: - Name- ROHIT KUMAR

A Proposal submitted to: - DR.FR.PETER LADIS F

CHANAKYA NATIONAL LAW UNIVERSITY

NAYANAGAR MITHAPUR PATNA-800001

The court may issue search warrant if:

The warrant must:

• Doctrinal Method:- Books, internet, journals, judgements etc.

• Researcher will mainly rely on library-based study.

AIMS AND OBJECTIVES

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