TMI Blog1960 (12) TMI 43X X X X Extracts X X X X X X X X Extracts X X X X ..... them under section 420 of the Indian Penal Code. On December 18, 1959, the Municipal Corporation filed a list of witnesses to whom summonses were to be issued, and the list included the store-keeper of the Wardha branch of the company and the assistant accountant of the company at Nagpur, both of whom were cited only for the production of certain documents and records belonging to the company. Summonses were accordingly ordered to be issued by the learned trial Magistrate. The company then applied to the learned Magistrate for the withdrawal of the summonses, on the ground that they violated the protection against self-incrimination guaranteed by article 20(3) of the Constitution. The objection having been overruled by the learned trial M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... efusal to produce the documents would be punishable under section 175 of the Indian Penal Code, or by committing him for contempt of court. It must, therefore, follow that article 20(3) of the Constitution prohibits a summons to be issued under section 94 of the Criminal Procedure Code against an accused person, requiring him to produce documents in support of the prosecution case. A similar view was expressed by a Division Bench of the Allahabad High Court in R. C. Gupta v. State AIR 1959 All. 219 . In the present case, the store-keeper and the assistant accountant of the company are not themselves the accused, but the documents which they are asked to produce belong to the company which is the accused. Under section 131 of the Evid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the word should be limited to natural individuals. It is true that a company as such cannot give oral evidence in any case, but the expression "to be a witness" has been interpreted to mean "to furnish evidence", and a company is certainly capable of furnishing documentary evidence against itself. It is also clear that a summons issued under section 94 of the Criminal Procedure Code is in the nature of a coercive process, even when it is issued against a company. There is no reason why a company, supposing it resolves to disobey a summons issued under section 94, cannot be fined for contempt of court. At any rate, the company's officers who refuse to produce documents in response to a summons under section 94 are liable to be committed for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd franchises subject to the laws of the State. This decision was followed in other cases of the Federal Supreme Court including Wilson v. United States 221 U.S. 361 ; 55 Law Ed. 771. The principle enunciated in Hale v. Henkel case ( supra ) did not cover the case of unincorporated bodies. The question whether an unincorporated labour union could claim the privilege against self-incrimination contained in the Fifth Amendment arose before the Federal Supreme Court in United States v. White 322 U.S. 694 . It was held that unincorporated bodies cannot, as a rule, claim that privilege. It was observed in the course of the judgment in that case: "The reason underlying the restriction of this constitutional privilege to natural ind ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tention was also drawn to a case decided by the Court of Appeal in England where a view contrary to the current American opinion was accepted. In Triplex Safety Glass Co. v. Lancegaye Safety Glass ( 1934 ) Ltd. [1939] 2 All. E.R. 613 a question arose whether a corporation which was sued for libel can refuse to answer interrogatories on the ground that the answers would tend to incriminate it. It was urged before the Court of Appeal that the corporation could not be indicted for a libel, and further that even supposing a corporation could be so indicted, it was not entitled to rely upon the privilege against self-incrimination. The Court of Appeal rejected both the contentions, and held that a corporation can be indicted for libel and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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