Here We Describe Section 94 BNSS– “Summons to produce document or other thing” Section 94 Is A Part Of CHAPTER VII PROCESSES TO COMPEL THE PRODUCTION OF THINGS In New Bharatiya Nagarik Suraksha Sanhita 2023.
Definition of Section 94 BNSS :-
(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 Sanhitaby 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.
understand in easy words:-
Section 94 1 BNSS :- Court or Police Officer’s Power to Demand Documents or Evidence :
If a court or a police officer believes that a document, electronic communication (like emails, messages, or devices), or any other item is needed for an investigation or legal case, they can issue a summons (a legal order) or a written order.
This order can be in physical form (like a paper document) or electronic form (like an email).
The person who has the document or item must either:
Attend the court or police station and bring the item, or
Simply send or deliver the item to the specified place and time mentioned in the order.
Section 94 2 BNSS :- Option to Send the Item Without Personal Attendance :
If someone is only asked to produce a document or item (not to appear in person), they can comply by sending the item through someone else or by other means. They don’t have to personally attend the court or police station.
Section 94 3 BNSS :- Exceptions and Limitations :
This section does not affect two specific laws:
Sections 129 and 130 of the Bharatiya Sakshya Adhiniyam, 2023 (which deal with evidence rules), or The Bankers’ Books Evidence Act, 1891 (which deals with bank records).
It also does not apply to:
Letters, postcards, parcels, or any items that are in the custody of the postal authority (like the post office).
Illustration:-
Imagine a police officer is investigating a cybercrime case. They believe that a suspect’s laptop contains important evidence.
The officer can issue a written order (either on paper or via email) to the suspect, asking them to produce the laptop at the police station by a specific date.
If the suspect doesn’t want to go to the police station, they can simply send the laptop through a courier or a representative.
However, if the evidence is a letter or a parcel that’s already with the post office, the police cannot use this section to get it. They would need to follow other legal procedures.
Conclusion:-
This law gives courts and police officers the power to demand documents, electronic devices, or other items needed for legal cases. It also makes it easier for people to comply by allowing them to send the items without appearing in person.
However, there are exceptions, especially for items handled by the postal service or covered under other specific laws.
This ensures a balance between the needs of the legal system and the rights of individuals.
