- 13-Jan-2025
- Criminal Law
(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 or 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—
Section 94 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the procedure for courts or police officers to summon individuals to produce documents or items necessary for investigations or proceedings. It allows for the issuance of summons in both physical and electronic forms and specifies that individuals may comply by providing the requested items without needing to attend in person. It also clarifies exceptions regarding certain legal documents and postal authorities.
It covers the procedures for summoning individuals to produce documents or items for investigations or legal proceedings.
A summons can be issued in either physical form or electronic form.
A person can comply by ensuring that the document or item is produced without needing to attend personally.
Yes, the section does not affect certain provisions in the Bharatiya Sakshya Adhiniyam, 2023, or the Bankers' Books Evidence Act, 1891, and it does not apply to items in the custody of postal authorities.
It includes documents, electronic communications, and devices likely to contain digital evidence.
- A police officer investigating a fraud case believes that a specific email contains crucial evidence.
- The officer issues a summons requiring the individual who has access to that email to produce it by a certain date.
- The individual can comply by forwarding the email without having to appear in court.
Section 94 of the Bharatiya Nagarik Suraksha Sanhita, 2023, enables courts and police officers to summon individuals to produce necessary documents or items for legal proceedings. It allows for compliance without personal attendance and specifies exceptions regarding certain legal documents and postal items, ensuring a streamlined process for gathering evidence.
Answer By Law4u Team
Discover clear and detailed answers to common questions about Bharatiya Nagarik Suraksha Sanhita(BNSS). Learn about procedures and more in straightforward language.
