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CHAPTER VII PROCESSES TO COMPEL THE PRODUCTION OF THINGS · A.—Summons to produce

Section 94: Summons to produce document or other thing

The Bharatiya Nagarik Suraksha Sanhita, 2023

(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.

Corresponding CrPC provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Questions on this section

2 questions in 6 of our papers cite Section 94. Try these from the free papers:

  1. 1. Consider the following statements regarding Section 94 of the BNSS: 1. Only a Court, and not a police officer, may require the production of a document under this section. 2. A person required merely to produce a document is deemed to have complied if he causes it to be produced instead of attending personally. 3. A summons under this section can compel production of a document notwithstanding Sections 129 and 130 of the Bharatiya Sakshya Adhiniyam, 2023. Which of the statements given above is/are correct?

Practise questions on Bharatiya Nagarik Suraksha Sanhita