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Bharatiya Nagarik Suraksha Sanhita

Section 94

Summons to produce document or other thing

Quick Answer Reference: Section 94 BNSS

  • Provision: Section 94 of BNSS
  • Act: Bharatiya Nagarik Suraksha Sanhita
  • Classification: PROCESSES TO COMPEL THE PRODUCTION OF THINGS
  • Jurisdiction: India
  • Summary: This section allows a court or police officer to ask someone to bring a document or other item to court for an investigation or trial. The person can either bring the item themselves or arrange for someone else to bring it.
Statutory Content

What does Section 94 of BNSS say?

(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 (13 of 1891); or (b) to apply to a letter, postcard, or other document or any parcel or thing in the custody of the postal authority.

Indian StandardSection 94, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 94 (India)
Court Pleading StandardSection 94 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/94

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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).
AI Educational GuideAI-generated explanation for educational and research purposes. Original statutory text is preserved exactly.
Section Meaning & Purpose

What does Section 94 of BNSS mean?

Plain English Explanation

This section allows a court or police officer to ask someone to bring a document or other item to court for an investigation or trial. The person can either bring the item themselves or arrange for someone else to bring it.

Practical Interpretation

In practice, this section is used when a court or police officer needs evidence for a case. They can issue a summons to the person who has the document or item, asking them to bring it to court. The person can choose to bring the item themselves or arrange for someone else to do it.

Core Legal Purpose

The core purpose of this section is to facilitate the production of evidence in court proceedings. It allows courts and police officers to obtain necessary documents or items for investigations and trials.

Key Legal Elements
  • A court or police officer must consider that the production of a document or item is necessary or desirable for an investigation or trial.
  • The document or item must be in the possession or power of a person who can be required to produce it.
  • The court or police officer must issue a summons or written order to the person requiring them to produce the document or item.
  • The person required to produce the document or item can choose to bring it themselves or arrange for someone else to do it.
Practical Example

Practical Example of Section 94 BNSS

Rajesh, a witness in a case, has a document that he believes is relevant to the investigation. The police officer in charge of the case issues a summons to Rajesh, requiring him to bring the document to court. Rajesh chooses to bring the document himself and attends court with it. Alternatively, he could have arranged for someone else to bring the document on his behalf.

Common Questions (FAQ)

Frequently Asked Questions about Section 94 BNSS

Q: What is the punishment or consequence under Section 94 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 requires the production of documents or items in the possession or power of any person.

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

This section is a procedural provision and does not create an offence. Therefore, it is neither bailable nor cognizable.

People Also Ask (PAA)

Common Questions about Section 94 BNSS

What is Section 94 of BNSS?

Section 94 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Summons to produce document or other thing". In plain terms: This section allows a court or police officer to ask someone to bring a document or other item to court for an investigation or trial. The person can either bring the item themselves or arrange for someone else to bring it.

What is the punishment under Section 94 of BNSS?

Section 94 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 94 of BNSS bailable or non-bailable?

Whether Section 94 of BNSS is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 94 of BNSS?

The essential elements of Section 94 of BNSS are: A court or police officer must consider that the production of a document or item is necessary or desirable for an investigation or trial.; The document or item must be in the possession or power of a person who can be required to produce it.; The court or police officer must issue a summons or written order to the person requiring them to produce the document or item..

What is the IPC equivalent of Section 94 of BNS?

Section 94 of the Bharatiya Nyaya Sanhita (BNS) 2023 corresponds to Section 91 of the old Indian Penal Code (IPC). There was no material change in the provision.

Law Transition Mapping
Corresponds to Old Law
Old LawSection 91Code of Criminal Procedure (CrPC)
This SectionSection 94Bharatiya Nagarik Suraksha Sanhita (BNSS)

✓ No material change in the provision.

View Old Law Equivalent →Compare Side-by-Side →
Landmark Case Laws

Landmark Judgments under Section 94 BNSS

1978 1 SCC 248

Supreme Court of India

Patnahcucisdb94 High Court (10 8)

Patnahcucisdb94 High Court (10 8)

Patnahcucisdb94 High Court (10 8)

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