Bharatiya Nagarik Suraksha Sanhita, 2023

BNSS Section 94

Summons to produce document or other thing

In one line

BNSS Section 94 deals with summons to produce document or other thing and replaces CrPC 91.

Bare act text — BNSS 94

94. Summons to produce document or other thing.

(1) Whenever any Court or any officer in charge of a police station considers that the production of any document, electronic communication, including communication devices, which is likely to contain digital evidence or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Sanhita by or before such Court or officer, such Court may issue a summons or such officer may, by a written order, either in physical form or in electronic form, require the person in whose possession or power such document or thing is believed to be, to attend and produce it, or to produce it, at the time and place stated in the summons or order.

(2) Any person required under this section merely to produce a document, or other thing shall be deemed to have complied with the requisition if he causes such document or thing to be produced instead of attending personally to produce the same.

(3) Nothing in this section shall be deemed— (a) to affect sections 129 and 130 of the Bharatiya Sakshya Adhiniyam, 2023 or the Bankers’ Books Evidence Act, 1891 (13 of 1891); or (b) to apply to a letter, postcard, or other document or any parcel or thing in the custody of the postal authority.

What changed from the CrPC

  • CrPC 91 → BNSS 94: Regarding the production of documents, the words "electronic communication, including communication devices which is likely to contain digital evidence " are added, and the words "either in physical form or in electronic form, require" are related to summoning a person possessing a document.
  • CrPC 91 → BNSS 94: In subsection (3) (a) corresponding sections of Indian Evidence Act, 1872 are replaced by the sections of the Bharatiya Sakshya Adhiniyam, 2023 , word "telegram is excluded.

Frequently asked

What was BNSS Section 94 in the CrPC?

BNSS Section 94 (Summons to produce document or other thing) replaces Section 91 of the Code of Criminal Procedure, 1973. CrPC 91 is now BNSS 94.

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