Section 91 CrPC during investigation cannot be used by an accused to demand records already with investigators.

Section 91 CrPC is an enabling provision that may be used during investigation only where document production is necessary or desirable for the investigation. An accused cannot invoke it to control the manner of investigation or to obtain records already within the investigative file merely to answer the Investigating Officer's questions. Requiring disclosure in that situation would risk turning investigation into a mini-trial. Where the accused lacks recollection or records, the proper course is to state that to the Investigating Officer and seek time to peruse material already shown during interrogation; a plea of unfairness must be specifically established.

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Issues: Whether an accused can invoke Section 91 of the Code of Criminal Procedure, 1973 during pendency of investigation to compel production of documents from the investigating agency or third parties for the purpose of answering queries put by the Investigating Officer.

Analysis: Section 91 of the Code of Criminal Procedure, 1973 is an enabling provision that may be invoked at the stage of investigation, but only when production of documents is necessary or desirable for the purpose of the investigation. The accused had sought documents of his own company to enable him to answer questions relating to old transactions, but the records were already with the Investigating Officer and were being used to confront him during interrogation. The request was therefore not for material unavailable to the agency, but in substance to obtain documents already within the investigation record for the accused's convenience. The scope of investigation remains with the police agency, and the accused cannot control the manner in which investigation is conducted or insist on supply of documents merely to facilitate answers. Requiring disclosure at this stage would also risk converting the investigation into a mini-trial. The plea of unfairness was not established, and the proper course, if the accused cannot recall facts or lacks records, is to state so to the Investigating Officer and seek time to peruse the material already shown to him.

Conclusion: The request for production of documents during investigation was held to be premature and not maintainable, and the dismissal of the application under Section 91 of the Code of Criminal Procedure, 1973 was sustained.

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