CHAPTER VII
OF PROCESSES TO COMPEL THE PRODUCTION OF DOCUMENTS AND OTHER MOVABLE
PROPERTY, AND FOR THE DISCOVERY OF PERSONS WRONGFULLY CONFINED.
A.__Summons to produce
94. Summons to produce document or other thing.(1) Whenever any Court, or 1* * *, any officer in
charge of a policestation considers that the production of any document or other thing is necessary or
desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Code by or
before such Court or officer, such Court may issue a summons, or such officer a written order, to the person
in whose possession or power such document or thing 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 [:]2
3[Provided that no such officer shall issue any such order requiring the production of any document or
other thing which is in the custody of a bank or banker as defined in the Banker's Books Evidence Act, 1891
(XVIII of 1891), and relates, or might disclose any information which relates to the bank account of any
person except,__
(a) for the purpose of investigating an offence under sections 403, 406, 408 and 409 and sections 421 to
424 (both inclusive) and sections 465 to 477A (both inclusive) of the Pakistan Penal Code, with
the prior permission in writing of a Sessions Judge ; and
(b) in other cases, with the prior permission in writing of the High Court.]
(2) Any person required under this section merely to produce a document or other thing shall be deemed
to have complied with the requisition if he causes such document or thing to be produced instead of
attending personally to produce the same.
(3) Nothing in this section shall be deemed to affect the Evidence Act, 1872 (I of 1872), sections 123
and 124, or to apply to a letter, postcard, telegram or other document or any parcel or thing in the custody of
the Postal or Telegraph authorities.
95. Procedure as to letters and telegrams.(1) If any document, parcel or thing in such custody is, in
the opinion of any 5* * * Magistrate, 4* * * High Court or Court of Session, wanted for the purpose of any
investigation, inquiry, trial or other proceeding under this Code, such Magistrate or Court may require the
Postal or Telegraph authorities, as the case may be, to deliver such document, parcel or thing to such person
as such Magistrate or Court directs.
1 The words “in any place beyond the limits of the towns of Calcutta and Bombay” omitted by A.O., 1949, Sch.
2 Subs. by the Code of Criminal Procedure (Amdt.) Act, 1968 (3 of 1968) s. 2, for fullstop (w.e.f. 21568).
3 Proviso added ibid.
4 The words “Chief Presidency Magistrate” omitted by A.O., 1949, Sch.
5 Omitted by Ord. 37 of 2001, s. 25 (w.e.f. 1482001).
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