Bharatiya Nagarik Suraksha Sanhita

Section 109

Power to impound document, etc., produced

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⚡ Quick Answer Reference: Section 109 BNSS

Provision: Section 109 of BNSS
Act: Bharatiya Nagarik Suraksha Sanhita
Classification: PROCESSES TO COMPEL THE PRODUCTION OF THINGS
Jurisdiction: India
Summary: A court can choose to take away any document or item that is presented to it during a case under the Bharatiya Nagarik Suraksha Sanhita.

Statutory Content

What does Section 109 of BNSS say?

Any Court may, if it thinks fit, impound any document or thing produced before it under this Sanhita.

Indian StandardSection 109, Bharatiya Nagarik Suraksha Sanhita

Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 109 (India)

Court Pleading StandardSection 109 of the Bharatiya Nagarik Suraksha Sanhita

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗

✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Arjun Choudhury (Bar Council ID: D/8734/2015).

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Section Meaning & Purpose

What does Section 109 of BNSS mean?

Plain English Explanation

A court can choose to take away any document or item that is presented to it during a case under the Bharatiya Nagarik Suraksha Sanhita.

Practical Interpretation

This section allows courts to take control of documents or items presented during a case if they think it's necessary. This can be useful in cases where the document or item is crucial to the case or might be tampered with.

Core Legal Purpose

The core purpose of this section is to give courts the power to manage documents and items presented during a case, ensuring that they are preserved and not tampered with.

Key Legal Elements

•The court must think it is fit to impound the document or item.
•The document or item must be produced before the court under the Bharatiya Nagarik Suraksha Sanhita.
•No specific legal test or threshold standard is mentioned in the section.
•No key exception or limitation is mentioned in the section.

Practical Example

Practical Example of Section 109 BNSS

Rajesh, a lawyer, presents a crucial document to the court during a case. However, the court is unsure about the authenticity of the document. The court decides to impound the document under Section 109 of the Bharatiya Nagarik Suraksha Sanhita to investigate further. The court can then examine the document and decide whether to admit it as evidence or not.

Common Questions (FAQ)

Frequently Asked Questions about Section 109 BNSS

Q: What is the punishment or consequence under Section 109 of BNSS?

This section is a procedural provision and does not prescribe a penal punishment.

Q: Does this section apply to private individuals or public entities?

This section applies to both private individuals and public entities, as it is a provision under the Bharatiya Nagarik Suraksha Sanhita, which governs the rights and responsibilities of citizens.

Q: Is an offence under this section bailable or cognizable?

This section is a procedural provision and does not prescribe a penal punishment, so it is neither bailable nor cognizable.

Common Questions about Section 109 BNSS

What is Section 109 of BNSS?

Section 109 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Power to impound document, etc., produced". In plain terms: A court can choose to take away any document or item that is presented to it during a case under the Bharatiya Nagarik Suraksha Sanhita.

What is the punishment under Section 109 of BNSS?

Section 109 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 109 of BNSS bailable or non-bailable?

Section 109 of BNSS is generally a Non-Bailable offence under Indian criminal procedure.

What are the elements of Section 109 of BNSS?

The essential elements of Section 109 of BNSS are: The court must think it is fit to impound the document or item.; The document or item must be produced before the court under the Bharatiya Nagarik Suraksha Sanhita.; No specific legal test or threshold standard is mentioned in the section..

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