Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 95: Procedure as to letters and telegrams
(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).
Brief Detail
Section 95 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the procedures for retrieving documents, parcels, or items held by postal authorities that are deemed necessary for legal proceedings. It allows higher judicial authorities to direct the postal authority to deliver such items, and it also empowers lower magistrates or police officials to request searches and detain items until a higher authority provides further orders.
Question & Answers
What does Section 95 of the Bharatiya Nagarik Suraksha Sanhita, 2023 cover?
It covers the procedures for obtaining documents, parcels, or items in the custody of postal authorities for legal investigations or proceedings.
Who can require the postal authority to deliver a document or parcel?
The District Magistrate, Chief Judicial Magistrate, Court of Session, or High Court can require delivery.
What can lower magistrates or police officials do regarding postal items?
They can require postal authorities to search for and detain items pending further orders from higher authorities.
What is the purpose of this section?
The purpose is to facilitate access to potentially important evidence held by postal authorities during legal proceedings.
What types of items does this section refer to?
It refers to documents, parcels, or other things in the custody of postal authorities.
Example
- A District Magistrate believes that a parcel in the custody of the postal authority contains evidence relevant to an ongoing investigation.
- The Magistrate issues an order for the postal authority to deliver the parcel to a designated investigator.
- Meanwhile, if a lower magistrate suspects that another document is needed, they can request a search and detain the item until the District Magistrate gives further instructions.
Summary
Section 95 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides a framework for judicial authorities to retrieve necessary documents and items from postal authorities for legal proceedings. It delineates the roles of different levels of magistrates and police officials in facilitating access to such items, ensuring that critical evidence can be secured for investigations and trials.
