Code of Criminal Procedure, 1973

Section 104

Power to impound document, etc., produced

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⚡ Quick Answer Reference: Section 104 CrPC

Provision: Section 104 of CrPC
Act: Code of Criminal Procedure, 1973
Classification: criminal procedure
Jurisdiction: India
Summary: This section gives courts the power to take possession of any document or item presented to them during a legal proceeding. The court can do this if it thinks it's necessary.

Statutory Content

What does Section 104 of CrPC say?

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

Indian StandardSection 104, Code of Criminal Procedure, 1973

Bluebook (21st ed.)Code of Criminal Procedure, 1973, § 104 (India)

Court Pleading StandardSection 104 of the Code of Criminal Procedure, 1973

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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 104 of CrPC mean?

Plain English Explanation

This section gives courts the power to take possession of any document or item presented to them during a legal proceeding. The court can do this if it thinks it's necessary.

Practical Interpretation

In practice, this means that if a court feels that a document or item is crucial to the case, it can take control of it to ensure its integrity and prevent tampering.

Core Legal Purpose

The core purpose of this section is to empower courts to maintain the integrity of evidence and prevent any potential tampering or manipulation of documents or items presented during a legal proceeding.

Key Legal Elements

•The court must think it's fit to impound the document or item.
•The document or item must be produced before the court under the Code of Criminal Procedure.
•The court's decision to impound is discretionary.
•There are no specific exceptions or limitations mentioned in this section.

Practical Example

Practical Example of Section 104 CrPC

Rajesh, a defendant in a theft case, produces a suspicious-looking document as evidence. The court, suspecting that the document might be forged, decides to impound it under Section 104 of the Code of Criminal Procedure. The court takes possession of the document to verify its authenticity and prevent any potential tampering.

Common Questions (FAQ)

Frequently Asked Questions about Section 104 CrPC

Q: What is the punishment or consequence under Section 104 of CrPC?

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 pertains to the power of courts to impound documents or items produced during legal proceedings.

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

This section does not create an offence, so it is neither bailable nor cognizable.

Common Questions about Section 104 CrPC

What is Section 104 of CrPC?

Section 104 of the Code of Criminal Procedure, 1973 (CrPC) defines and regulates "Power to impound document, etc., produced". In plain terms: This section gives courts the power to take possession of any document or item presented to them during a legal proceeding. The court can do this if it thinks it's necessary.

What is the punishment under Section 104 of CrPC?

Section 104 of CrPC does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 104 of CrPC bailable or non-bailable?

Whether Section 104 of CrPC is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 104 of CrPC?

The essential elements of Section 104 of CrPC are: The court must think it's fit to impound the document or item.; The document or item must be produced before the court under the Code of Criminal Procedure.; The court's decision to impound is discretionary..

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