Delhi High Court: Accused Cannot be Forced to Create Evidence Against Himself, Upholds Quashing of CBI Notice

The Delhi High Court upheld the quashing of a CBI notice issued to a former High Court judge, holding that an accused cannot be compelled to create evidence against himself.

The Court clarified that Section 91 of the CrPC empowers investigating agencies to seek production of existing documents or material, but does not authorise them to direct an accused to draft a “facts memo” or otherwise generate fresh material. 

Such a direction, the Court observed, would violate the fundamental principles of criminal jurisprudence, including the protection against self-incrimination.

The Bench emphasised that investigation must proceed within the bounds of law and constitutional safeguards.

[CBI v. IM Quddusi]