Production of Documents & Discovery of Persons Wrongfully Confined (Ss. 94โ105)
Chapter VII (Ss. 94โ105) deals with compelling production of documents/property and discovery of wrongfully confined persons.
- Section 94: Court may issue summons to produce a document before it, for purposes of investigation, inquiry, or trial (all of these), and this power is exercised by the Court.
- Section 94(2): Any person required merely to produce a document/thing is deemed to have complied if he causes it to be produced instead of attending personally.
- An Officer Incharge of a Police Station may issue only a written order (not summons) for production of a document.
- Section 94 restriction: Such officer cannot issue an order where the document is in the custody of a bank/banker.
- Section 95: High Court, Court of Sessions, or Magisterial Courts may order postal authorities to produce required documents (All of these).
- Section 96: Court may issue a search warrant where it believes a required document will not be produced.
- Section 98: A Magistrate of the first class may issue search warrants to a police officer for forged documents, false seals, counterfeit currency โ all of these.
- Section 99-A: Empowers the Provincial Government to declare seditious publications forfeited; remedy against such order is by application (Section 99-B) to the High Court.
- Section 100: Search warrants against wrongful confinement may be issued by a Magistrate.
- Section 103: Search must be made in presence of two or more respectable inhabitants of the locality; things found are to be seized.
- Section 104: Any Court may, if it thinks fit, impound any document or thing produced before it.