Law Maker

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

Section 95: Procedure as to letters

The Bharatiya Nagarik Suraksha Sanhita, 2023

(1) If any document, parcel or thing in the custody of a postal authority is, in the opinion of the District Magistrate, Chief Judicial Magistrate, Court of Session or High Court wanted for the purpose of any investigation, inquiry, trial or other proceeding under this Sanhita, such Magistrate or Court may require the postal authority to deliver the document, parcel or thing to such person as the Magistrate or Court directs.

(2) If any such document, parcel or thing is, in the opinion of any other Magistrate, whether Executive or Judicial, or of any Commissioner of Police or District Superintendent of Police, wanted for any such purpose, he may require the postal authority to cause search to be made for and to detain such document, parcel or thing pending the order of a District Magistrate, Chief Judicial Magistrate or Court under sub-section (1).

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

1 question in 4 of our papers cite Section 95. Try these from the free papers:

  1. 1. Consider the following statements regarding a document, parcel or thing in the custody of a postal authority under the BNSS: 1. Any Magistrate of the first class may require the postal authority to deliver such a parcel to such person as he directs. 2. A District Superintendent of Police may require the postal authority to cause search to be made for and to detain such a document pending the order of a District Magistrate, Chief Judicial Magistrate or Court. 3. No Magistrate other than a District Magistrate or Chief Judicial Magistrate may grant a warrant to search for a document in the custody of the postal authority. Which of the statements given above is/are correct?

Practise questions on Bharatiya Nagarik Suraksha Sanhita