BNSS Section 94: Summons to produce document or other thing (formerly CrPC 91)
Bharatiya Nagarik Suraksha Sanhita, 2023 · in force from 1 July 2024
BNSS 94: Summons to produce document or other thing
From 1 July 2024
(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; or
(b) to apply to a letter, postcard, or other document or any parcel or thing in the custody of the postal authority.
What it replaced in the CrPC
BNSS 94 ← CrPC 91 · Summons to produce document or other thingChanged
BPR&D's comparison records a change. Read what changed before relying on the old wording.
What changed, per BPR&D: Regarding the production of documents, the words "electronic communication, including communication devices which is likely to contain digital evidence " are added, and the words "either in physical form or in electronic form, require" are related to summoning a person possessing a document. In subsection (3) (a) corresponding sections of Indian Evidence Act, 1872 are replaced by the sections of the Bharatiya Sakshya Adhiniyam, 2023 , word "telegram is excluded.
Printed in both official correspondence tables (BPR&D and NCRB).
(1) Whenever any Court or any officer in charge of a police station considers that the production of any document or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Code by or before such Court or officer, such Court may issue a summons, or such officer a written order, to the person in whose possession or power such document or thing is believed to be, requiring him 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 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872), or the Bankers‘ Books Evidence Act, 1891 (13 of 1891), or
(b) to apply to a letter, postcard, telegram or other document or any parcel or thing in the custody of the postal or telegraph authority.
Which one applies
Procedure follows the proceeding. Under section 531(2)(a) of the BNSS, an appeal, application, trial, inquiry or investigation already pending on 1 July 2024 continues under the CrPC; one begun on or after that date proceeds under the BNSS.
Read BNSS section 531 →Judgments decided under CrPC 91
They remain the law on CrPC 91. Where the provision changed in the move, read what changed before relying on one for an offence after 1 July 2024.
Sources
- Correspondence Table and Comparison Summary of the Bharatiya Nagarik Suraksha Sanhita, 2023 to the Code of Criminal Procedure, 1973, Bureau of Police Research & Development, Ministry of Home Affairs, page 8.
- Bharatiya Nagarik Suraksha Sanhita, 2023: bare Act with Corresponding Section Table, National Crime Records Bureau (Sankalan), page 24.
- The Code of Criminal Procedure, 1973 (Act 2 of 1974), as amended, India Code, Legislative Department, Ministry of Law and Justice.
BPR&D is the Bureau of Police Research & Development (Ministry of Home Affairs); NCRB the National Crime Records Bureau. Their correspondence tables are training aids, not law. This page is general information, not legal advice on any case; the bare Acts as published by the Government of India are the authority.