Section 95 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Procedure As To Letters.

This section, replacing the previous CrPC Section 95, deals with the power of Magistrates and Courts to access documents, parcels, or things in the custody of postal authorities for investigative purposes.

Code: Procedure As To Letters

1. Requirement by Magistrate or Court:
– If any document, parcel, or thing in the custody of a postal authority is deemed necessary for any investigation, inquiry, trial, or other proceeding under the Bharatiya Nyaya Sanhita,
– The District Magistrate, Chief Judicial Magistrate, Court of Session, or High Court may require the postal authority to deliver such document, parcel, or thing to a designated person.

2. Authority of Other Magistrates or Police Officers:
– If any other Magistrate (whether Executive or Judicial), Commissioner of Police, or District Superintendent of Police believes that such document, parcel, or thing is required for any legal purpose,
– They may instruct the postal authority to conduct a search for and detain the document, parcel, or thing until an order is issued by a District Magistrate, Chief Judicial Magistrate, or Court under sub-section (1).

Explanation

This section empowers specific authorities to obtain documents, parcels, or things from postal authorities for investigative purposes. This is done by:

• Direct requisition: Higher authorities (District Magistrate, Chief Judicial Magistrate, Court of Session, High Court) can directly demand the delivery of the item to a designated individual.
• Search and detention: Lower authorities (other Magistrates, Commissioners of Police, District Superintendents of Police) can initiate a search and detention process pending the order of a higher authority.

Illustration

Imagine a police investigation where the suspect is believed to have sent incriminating evidence through the postal service. The Investigating Officer, being a lower authority, may not have the power to directly obtain the evidence. They would need to seek an order from a District Magistrate or Chief Judicial Magistrate. They would then issue a directive to the postal authority to hand over the evidence.

Common Questions and Answers

Q: Who has the power to directly requisition items from the postal authority?

A: District Magistrate, Chief Judicial Magistrate, Court of Session, and High Court.

Q: What can lower authorities do if they need evidence from the postal service?

A: They can initiate a search and detention process pending an order from a higher authority.

Q: Does the postal authority have any recourse if they disagree with the requisition?

A: The postal authority can challenge the requisition through legal means. However, it is important to comply with the orders of competent authorities.