Bharatiya Nagarik Suraksha Sanhita (BNSS) Section 94: Summons To Produce Document Or Other Thing
Section 94 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) deals with summons to produce document or other thing. Here is a review:
Code:
1. Issuance of Summons or Written Order:
– When any Court or officer in charge of a police station deems it necessary or desirable for any investigation, inquiry, trial, or other proceeding under the Bharatiya Nyaya Sanhita,
– Such a Court may issue a summons or such an officer may issue a written order,
– This can be in physical or electronic form,
– Requiring the person believed to have possession or control of any document, electronic communication (including communication devices likely to contain digital evidence), or other thing,
– To attend and produce it at a specified time and place.
2. Compliance with Requisition:
– If a person is required under this section solely to produce a document or thing,
– They will be considered to have complied with the requisition by causing the document or thing to be produced, rather than attending personally.
3. Exceptions:
– This section does not affect:
– Sections 129 and 130 of the Bharatiya Sakshya Adhiniyam, 2023, which likely pertain to provisions regarding evidence.
– The Bankers’ Books Evidence Act, 1891, which concerns the admissibility of bank documents as evidence.
– It also does not apply to letters, postcards, or other documents, parcels, or things in the custody of postal authorities.
Explanation:
Summons To Produce Document Or Other Thing
This section empowers courts and police officers to issue summons or orders for the production of documents, electronic communication, including communication devices, which are likely to contain digital evidence or other relevant information. This is crucial for investigations, inquiries, trials, or other proceedings under the BNSS.
Illustration:
- A police officer investigating a cybercrime suspects that a particular mobile phone contains crucial evidence. They can issue an order to the phone owner to produce the device for examination.
- A court hearing a financial fraud case might issue a summons to a bank requesting the production of transaction records.
Common Questions and Answers:
Q: What is the purpose of this section?
A: Section 94 enables authorities to gather evidence necessary for investigations and legal proceedings.
Q: Who can issue a summons or order under this section?
A: Courts and police officers in charge of police stations can issue such orders.
Q: Can a person just produce the document instead of appearing in person?
A: Yes, a person required to produce a document can do so without personally appearing if they arrange for the document’s production.
Q: Does this section apply to all documents?
A: No. It does not apply to letters, postcards, or other documents or parcels in the custody of postal authorities. It also doesn’t override sections 129 and 130 of the Bharatiya Sakshya Adhiniyam, 2023, or the Bankers’ Books Evidence Act, 1891.
