(1) If any document, parcel or thing in the custody of a postal authority is, in the opinion of the District Magistrate, Chief Judicial Magistrate, Court of Session or High Court wanted for the purpose of any investigation, inquiry, trial or other proceeding under this Sanhita, such Magistrate or Court may require the postal authority to deliver the document, parcel or thing to such person as the Magistrate or Court directs. (2) If any such document, parcel or thing is, in the opinion of any other Magistrate, whether Executive or Judicial, or of any Commissioner of Police or District Superintendent of Police, wanted for any such purpose, he may require the postal authority to cause search to be made for and to detain such document, parcel or thing pending the order of a District Magistrate, Chief Judicial Magistrate or Court under sub-section (1).
Bharatiya Nagarik Suraksha Sanhita
Section 95
Procedure as to letters
⚡ Quick Answer Reference: Section 95 BNSS
- Provision: Section 95 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: PROCESSES TO COMPEL THE PRODUCTION OF THINGS
- Jurisdiction: India
- Summary: This section allows a District Magistrate, Chief Judicial Magistrate, Court of Session, or High Court to request a postal authority to hand over a document, parcel, or thing if it's needed for an investigation, inquiry, trial, or other proceeding. If another Magistrate, Commissioner of Police, or District Superintendent of Police thinks it's needed, they can ask the postal authority to search for and hold onto it until a District Magistrate, Chief Judicial Magistrate, or Court gives further instructions.
What does Section 95 of BNSS say?
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What does Section 95 of BNSS mean?
Plain English Explanation
This section allows a District Magistrate, Chief Judicial Magistrate, Court of Session, or High Court to request a postal authority to hand over a document, parcel, or thing if it's needed for an investigation, inquiry, trial, or other proceeding. If another Magistrate, Commissioner of Police, or District Superintendent of Police thinks it's needed, they can ask the postal authority to search for and hold onto it until a District Magistrate, Chief Judicial Magistrate, or Court gives further instructions.
Practical Interpretation
In practice, this section enables law enforcement and judicial authorities to access postal items when they're relevant to a case. The postal authority must comply with the request, and the item will be held until further instructions are given.
Core Legal Purpose
The core purpose of this section is to facilitate the collection of evidence and support the administration of justice by allowing authorities to access postal items when they're relevant to a case.
- •The document, parcel, or thing must be in the custody of a postal authority.
- •The District Magistrate, Chief Judicial Magistrate, Court of Session, or High Court must think it's needed for an investigation, inquiry, trial, or other proceeding.
- •The item must be wanted for a purpose under this Sanhita.
- •The request must be made by a District Magistrate, Chief Judicial Magistrate, Court of Session, or High Court.
Practical Example of Section 95 BNSS
Rajesh, a District Superintendent of Police, suspects that a parcel containing evidence of a crime is being sent through the postal service. He contacts the postal authority and asks them to search for and hold onto the parcel until further instructions are given. The postal authority complies with the request, and the parcel is held until Rajesh receives further instructions from a District Magistrate or Court.
Frequently Asked Questions about Section 95 BNSS
Q: What is the punishment or consequence under Section 95 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 postal authorities, which are public entities.
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 95 BNSS
What is Section 95 of BNSS?
Section 95 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Procedure as to letters". In plain terms: This section allows a District Magistrate, Chief Judicial Magistrate, Court of Session, or High Court to request a postal authority to hand over a document, parcel, or thing if it's needed for an investigation, inquiry, trial, or other proceeding. If another Magistrate, Commissioner of Police, or District Superintendent of Police thinks it's needed, they can ask the postal authority to search for and hold onto it until a District Magistrate, Chief Judicial Magistrate, or Court gives further instructions.
What is the punishment under Section 95 of BNSS?
Section 95 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 95 of BNSS bailable or non-bailable?
Whether Section 95 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 95 of BNSS?
The essential elements of Section 95 of BNSS are: The document, parcel, or thing must be in the custody of a postal authority.; The District Magistrate, Chief Judicial Magistrate, Court of Session, or High Court must think it's needed for an investigation, inquiry, trial, or other proceeding.; The item must be wanted for a purpose under this Sanhita..
Landmark Judgments under Section 95 BNSS
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 95
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