AIR 1963 GUJARAT 178 ::(1963) 4 GujLR 638

Gujarat High Court

Hon'ble Judge(s): V. B. Raju , J

(A) Constitution of India , Art.20(3)— Witness, who is - Accused producing document. If an accused produces a document in his possession that would not offend Article 20 clause (3), unless the document contains statements based on the personal knowledge of the accused, because he does not become a witness by the mere fact that he has produced it. AIR 1961 SC 1808 and AIR 1960 SC 756, Rel. on.(Para 8) (B) Criminal P.C. (5 of 1898) , S.94, S.96, Chap.XX, Chap.XXI, Chap.XXIII— S.94 was not intended to apply to accused under trial - Magistrate cannot issue summons to accused before him to produce certain document in his possession. There is nothing in Chapter XX which would give powers to the Court to issue a summons to an accused person after he has appeared in the Court and after the trial has begun. During the course of a trial, the Court cannot do anything which is not warranted by the provisions contained in Chapters XX to XXIII. To issue a summons to an accused person to produce a document in his possession is not warranted in a trial. Section 94 does not apply to an accused person under trial. In view of the very wide powers given to the police under Sections 96 and 165, the Legislature would not have provided for a summons to an accused u....