BNSS Section 109 – Power To Impound Documents, Etc., Produced
Code:
Any Court has the power to impound documents or anything produced before it under this Sanhita. This authority also includes any documents presented during the proceedings.
Explanation:
This section empowers any court to impound any document or thing produced before it during the proceedings under the BNSS.
Illustration:
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During a trial, a witness produces a forged document as evidence. The court, upon discovering the forgery, can impound the document to prevent its further misuse.
- If a weapon is believed to be in a crime, the officer can seize the weapon during an investigation. The court can impound the weapon to ensure its safekeeping and prevent tampering with it.
Common Questions and Answers: Power To Impound Document, Etc., Produced
Q: What is the purpose of impounding documents or things?
A: Impounding documents or things serves several purposes:
To prevent their destruction or alteration.
Safeguard the integrity of the evidence.
This action is necessary to ensure their availability for further investigation or trial.
Q: What criteria must be met for a court to impound a document or thing?
A: The court must be satisfied that the impounding is necessary in the interest of justice or for the proper conduct of the proceedings.
Q: Can the owner of a document or thing access it after it has been impounded?
A: The court may allow the owner access to the impounded document or thing, subject to appropriate conditions, if it deems it necessary.
Q: What happens to the impounded document or thing after the proceedings are concluded?
A: The court will decide the fate of the impounded document or thing based on the outcome of the proceedings and the applicable legal principles.
