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Court Blocks Forged Will Notice
22 Jul
Summary
- Court quashed notice to businessman in forgery case.
- Direction to accused violated self-incrimination rights.
- Supreme Court rulings were cited in the decision.
In a significant ruling, the Nagpur Bench of the Bombay High Court has quashed a notice issued by the Economic Offences Wing (EOW) to a businessman involved in a forgery case. The EOW had directed the accused businessman to produce an allegedly fabricated will. The court determined that such a demand, under Section 91 of the Code of Criminal Procedure (CrPC), is impermissible when directed at an accused individual.
The businessman had challenged the notice, arguing that being compelled to provide documents forming the basis of the prosecution would infringe upon his right against self-incrimination, guaranteed by Article 20(3) of the Constitution. The state had contended that the document's production was essential for verifying forgery allegations and that Section 91 empowered the investigating officer to request it.
However, the division bench, citing Supreme Court decisions including a Constitution Bench ruling, clarified that Section 91 of the CrPC cannot be invoked against an accused person. The High Court reiterated that despite the potentially broad language of Section 91, apex court interpretations consistently render it inapplicable to the accused. This ensures that individuals are not forced to produce potentially incriminating evidence against themselves.
