Criminal Procedure Code 2010 · 2020 Revised Edition · Part 12 · Procedure at Trial in All Courts
235. Power of court to order any production of document or thing
Feedback & supportLast amended by an amending law of 2021. 2 amendments in all.
Whenever any court considers that the production of any document or other thing is necessary or desirable for the purposes of any inquiry, trial or other proceeding under this Code by or before that court, such court may issue a summons to the person in whose possession or power the document or thing is believed to be, to require the person to produce the document or thing at the time and place stated in the summons.
court
“court” means the Court of Appeal, the General Division of the High Court, a Family Court, a Youth Court, a District Court or a Magistrate’s Court (as the case may be) which exercises criminal jurisdiction;
If any document or thing in the custody of the Postal Authority, a public postal licensee or the public parcel locker network operator is, in the opinion of the court, required for the purposes of any inquiry, trial or proceeding under this Code, the court may require the Postal Authority, public postal licensee or public parcel locker network operator (as the case may be) to deliver that document or thing to such person as the court directs.
If a person is required merely to produce any document or thing, the person may comply with such requirement by causing the document or thing to be produced instead of bringing it in person.
This section does not affect any provision of the Evidence Act 1893.
Sections 115, 116 and 119 apply in relation to a summons issued under this section.
To avoid doubt, the power of a court under subsection (1) is not exercisable by any court which presides or is to preside over any criminal case disclosure conference or case conference held under Part 9 or 10, as the case may be.
criminal case disclosure conference
“criminal case disclosure conference” means any conference held under Division 2 in respect of any offence to which the criminal case disclosure procedures apply by virtue of section 159;
Despite subsection (1), where a statement made by a person is recorded in the form of an audiovisual recording, if a court considers that the production of the audiovisual recording is necessary or desirable for the purposes of any inquiry, trial or other proceeding under this Code by or before the court, the court may only order the prosecution to do either or both of the following:
statement
“statement” includes any representation of fact, whether made in words or otherwise.
to produce the audiovisual recording in court;
to arrange for the defence to view the audiovisual recording at a police station or at any other prescribed place.