Section 91 CrPC limits defence document requests; unproved electronic material cannot be used to confront a witness.

The Delhi HC held that documents sought under Section 91 CrPC cannot be summoned during prosecution evidence merely for the accused's defence unless necessity or relevance at that stage is shown; a roving or premature request does not justify production. It further held that an alleged TV statement recorded on an unproved CD could not be used to confront a witness unless its genuineness and source were first proved in accordance with law. A vague claim of typographical error in a recorded statement was also found unsupported by particulars, and the refusal to summon the documents was upheld.

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Issues: Whether documents sought by the accused under Section 91 and Section 294 of the Code of Criminal Procedure, 1973 could be summoned at the stage of prosecution evidence for the purpose of defence and cross-examination, and whether an unproved CD containing an alleged TV statement could be used for confronting a witness.

Analysis: Section 91 is attracted only when the Court is satisfied that the documents or things sought are necessary or relevant at the stage at which they are called for. Documents required merely for defence cannot be summoned as a matter of course during prosecution evidence, particularly when no specific relevance to any prosecution witness is shown. A request that amounts to a roving inquiry or seeks material to be produced later in defence evidence does not justify summoning. As to the CD, an alleged statement made to a TV channel could not be treated as authentic or usable for confrontation unless its genuineness and source were first proved in accordance with law. The plea of typographical error in a recorded statement was also found to be vague and unsupported by particulars.

Conclusion: The petition was held to be merit, and the dismissal of the applications for summoning documents was upheld.

Ratio Decidendi: Documents sought only for the accused's defence cannot be summoned under Section 91 of the Code of Criminal Procedure, 1973 during prosecution evidence unless their necessity and relevancy at that stage are shown, and an unproved or unauthenticated electronic statement cannot be used for witness confrontation.

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