Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 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 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—
- (a) to affect sections 129 and 130 of the Bharatiya Sakshya Adhiniyam, 2023 or the Bankers' Books Evidence Act, 1891; or
- (b) to apply to a letter, postcard, or other document or any parcel or thing in the custody of the postal authority.
Brief Detail
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.
Question & Answers
What does Section 94 of the Bharatiya Nagarik Suraksha Sanhita, 2023 cover?
It covers the procedures for summoning individuals to produce documents or items for investigations or legal proceedings.
What forms can a summons take?
A summons can be issued in either physical form or electronic form.
How can a person comply with a summons to produce a document?
A person can comply by ensuring that the document or item is produced without needing to attend personally.
Are there any exceptions to this section?
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.
What types of items can be summoned under this section?
It includes documents, electronic communications, and devices likely to contain digital evidence.
Example
- 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.
Summary
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.
