BNSS

Process to Compel the Production of

Things (Sec. 94 - Sec. 110)

Lecture - 05 By – Karan Sangwan

Topics
1 Process to Compel the Production of Things (Sec. 94 - Sec. 110)
 Section 94 - Summons to Produce Document or Other
Thing
1. When Can a Court or Police Officer Issue a Summons for Documents or Other Things?
•A Court or officer in charge of a police station may issue a summons (Court) or written order (police) if:
• The production of a document, electronic communication, or any other object is necessary for:
• Investigation, Inquiry, Trial, or any other legal proceeding under this Sanhita.
2. Can the Summons or Order Be Issued Electronically?
•Yes, the summons or order can be issued in both physical and electronic form.
•This provision recognizes digital evidence, including communication devices, which may contain electronic
evidence.
3. Compliance with the Summons:
•If a person is only required to produce a document or object, they can send it instead of appearing in person.
•This helps avoid unnecessary physical presence when only the document is required.
4. Exceptions - What Cannot Be Summoned?
•Section 94 does NOT apply to:
• Privileged communications protected under Sections 129 and 130 of the Bharatiya Sakshya
Adhiniyam, 2023.
• Banking records governed by the Bankers’ Books Evidence Act, 1891.
• Letters, postcards, or parcels in the custody of the postal authority.
 Section 95 - Procedure as to Letters

1. Who Can Require a Postal Authority to Deliver Documents or Parcels?

•If a document, parcel, or thing in the custody of a postal authority is needed for:
• Investigation, Inquiry, Trial, or Other Proceedings under this Sanhita,
• The following authorities can require its delivery:
• District Magistrate (DM)
• Chief Judicial Magistrate (CJM)
• Court of Session
• High Court
2. What If the Request Comes from Other Magistrates or Police Officers?
•If a Magistrate (Judicial or Executive), Commissioner of Police, or District Superintendent of Police (SP)
believes a document, parcel, or thing in the postal authority’s custody is necessary:
• They may order a search and detention of the item until the matter is referred to the District
Magistrate, Chief Judicial Magistrate, or Court for final approval.
3. Key Points to Note:
•Only higher judicial authorities (DM, CJM, Sessions Court, High Court) can directly order the postal
authority to deliver documents or parcels.
•Lower magistrates and senior police officers can only order detention of the item pending approval.
•This provision prevents unauthorized or excessive intrusion into postal privacy.
 Section 96 - When a Search Warrant May Be Issued

1. When Can a Court Issue a Search Warrant?

A search warrant may be issued by a Court if:
•(a) The Court believes that a person will not comply with a summons (under Section 94) or requisition
(under Section 95).
•(b) The document, parcel, or thing is not known to be in anyone’s possession.
•(c) A general search or inspection is necessary for the purpose of an inquiry, trial, or other proceeding.

2. Scope of the Search Warrant:

•The warrant allows search or inspection in accordance with the Court's directions.
•The Court may specify the exact place or area where the search or inspection shall be conducted.
•If the place is specified, the executing officer must limit the search to that area only.

3. Special Provisions for Postal Authority Searches:

•Only a District Magistrate (DM) or Chief Judicial Magistrate (CJM) can issue a search warrant for postal
records.
•Other magistrates do not have the authority to order a search of postal correspondence.
 Section 97 - Search of Places Suspected to Contain
Stolen Property or Forged Documents
1. Who Can Issue a Search Warrant Under Section 97?
A search warrant can be issued by:
•District Magistrate (DM)
•Sub-Divisional Magistrate (SDM)
•Magistrate of the First Class
Conditions for Issuance:
•The Magistrate must have reason to believe (based on inquiry and information) that a place is being used
for:
• Storing or selling stolen property.
• Storing, selling, or producing objectionable articles (as listed in this section).
2. What Powers Does a Search Warrant Provide?
A police officer (above the rank of constable) may:
1.Enter and search the premises.
2.Seize any suspected stolen property or objectionable articles.
3.Present the seized items before a Magistrate or keep them in a safe place.
4.Arrest persons found in the premises who are suspected of knowingly dealing with such illegal items.
 Section 97 - Search of Places Suspected to Contain
Stolen Property or Forged Documents

3. What Are Considered “Objectionable Articles” Under Section 97?

This section applies to the following items:
•Counterfeit coins.
•Metal pieces violating the Coinage Act, 2011.
•Counterfeit currency notes and counterfeit stamps.
•Forged documents.
•False seals.
•Obscene objects under Section 294 of the Bharatiya Nyaya Sanhita, 2023.
•Instruments or materials used to produce the above items.
 Section 98 - Power to Declare Certain Publications
Forfeited and Issue Search Warrants
1. When Can the Government Forfeit a Publication?
•The State Government can declare a newspaper, book, or document forfeited if it believes that its
publication contains material punishable under any of the following sections of the Bharatiya Nyaya Sanhita,
2023:
• Section 152 – Sedition and acts against the State.
• Section 196 – Promoting enmity between different groups.
• Section 197 – Statements conducing to public mischief.
• Section 294 – Obscene materials.
• Section 295 – Religious hate speech.
• Section 299 – Criminal intimidation and threats.

2. How Is Forfeiture Enforced?

•Once declared forfeited, the government issues a notification stating the reasons.
•Any police officer may seize copies of the publication wherever found in India.
•Any Magistrate may issue a search warrant authorizing a police officer (not below sub-inspector rank) to
search premises suspected of containing such publications.
 Section 98 - Power to Declare Certain Publications
Forfeited and Issue Search Warrants
3. What Is Included in the Definition of "Document"?
•Under Section 98(2), the term “document” includes:
• Newspapers and books (as defined in the Press and Registration of Books Act, 1867).
• Paintings, drawings, photographs, or other visible representations that may be deemed offensive
under the mentioned penal provisions.

4. Judicial Review of Forfeiture Orders:

•Forfeiture orders cannot be challenged in any Court, except through the procedure laid out in Section 99.
•This means the only legal remedy is to challenge the forfeiture before a higher judicial authority under
Section 99.
 Section 99 - Application to High Court to Set
Aside Declaration of Forfeiture
1. Who Can Challenge a Forfeiture Declaration Under Section 99?
•Any person having an interest in a newspaper, book, or document that has been declared forfeited under
Section 98.
•The challenge must be filed within two months from the date the forfeiture was published in the Official
Gazette.
2. Procedure for Challenging the Forfeiture Order:
•The application must be filed before the High Court to set aside the forfeiture.
•The ground for the challenge:
• The publication did not contain any content punishable under Section 98(1) (i.e., material inciting
sedition, hatred, obscenity, etc.).
3. How Will the High Court Hear Such Applications?
•If the High Court has three or more Judges, the case will be heard by a Special Bench of three Judges.
•If the High Court has less than three Judges, all Judges of that High Court will hear the case.
 Section 99 - Application to High Court to Set
Aside Declaration of Forfeiture
4. How Can the High Court Examine the Content of the Publication?
•Copies of the newspaper or book in question can be used as evidence to determine whether the content is
actually prohibited under Section 98(1).

5. When Can the High Court Set Aside the Forfeiture Order?
•If the High Court is not satisfied that the publication contained material punishable under Section 98, it must
set aside the forfeiture order.

6. What Happens If There Is a Difference of Opinion Among Judges?

•If Judges of the Special Bench disagree, the majority opinion prevails.
 Section 100 - Search for Persons Wrongfully Confined

1. When Can a Magistrate Issue a Search Warrant for Wrongful Confinement?

A District Magistrate (DM), Sub-Divisional Magistrate (SDM), or Magistrate of the First Class may issue a
search warrant if they have reason to believe that:
•A person is wrongfully confined under circumstances that amount to an offence.
2. Execution of the Search Warrant:
•The warrant authorizes a police officer or any directed person to search for the wrongfully confined individual.
•The search must be conducted as per the terms of the warrant.
•If the person is found, they must be immediately taken before a Magistrate.
3. What Happens After the Person Is Found?
•The Magistrate will decide on the next course of action based on the circumstances of the case.
•The wrongfully confined person may be released, and legal proceedings may be initiated against the offender
responsible for the confinement.
 Section 101 - Power to Compel Restoration of
Abducted Females
1. Who Can Exercise This Power?
•District Magistrate (DM)
•Sub-Divisional Magistrate (SDM) 2. When Can This Power Be Used?
•Magistrate of the First Class •If a complaint is made on oath about:
• Abduction or unlawful detention of a woman.
• Unlawful detention of a female child for any illegal purpose.

3. What Actions Can the Magistrate Take?

•Issue an immediate order for the release of the abducted or detained woman.
•If it is a female child, order her restoration to her parent, guardian, or lawful custodian.
•Use force if necessary to ensure compliance with the order.
 Section 102 - Direction, etc., of Search Warrants
1. What Does Section 102 Provide?
•Section 102 states that the provisions of certain sections related to warrants shall also apply to search
warrants issued under:
• Section 96 (Search for documents or things)
• Section 97 (Search of places suspected to contain stolen property or forged documents)
• Section 98 (Forfeiture of certain publications)
• Section 100 (Search for persons wrongfully confined)
2. Which Sections Are Applicable to These Search Warrants?
The following warrant-related sections apply to search warrants issued under Sections 96, 97, 98, and 100:
1.Section 32 – General provisions relating to bonds, sureties, and their enforcement.
2.Section 72 – Form and duration of an arrest warrant (applicable to search warrants by analogy).
3.Section 74 – Warrants to whom directed (who can execute them).
4.Section 76 – Notification of substance of warrant (informing the person concerned about the warrant).
5.Section 79 – Where a warrant may be executed (search warrants can be executed anywhere in India).
6.Section 80 – Warrant forwarded for execution outside jurisdiction (search warrants can be executed beyond local
limits).
7.Section 81 – Warrant directed to a police officer for execution outside jurisdiction (how police officers can execute
search warrants outside their jurisdiction).
 Section 103 - Persons in Charge of Closed Places to Allow
Search

1. Duty to Allow Entry for Search 2. What Happens If Entry Is Denied?

•If a place that is liable to search or inspection is closed, •If the person refuses to allow entry, the officer can:
the person in charge must: • Break open the door or other barriers as per
• Allow the officer executing the search warrant Section 44(2).
free entry.
• Provide reasonable facilities for conducting the 3. Search of Persons Inside the Place
search. •If anyone inside is suspected of hiding the searched items,
• The officer must show the search warrant they may be personally searched.
before entering. •Special provision for women:
• A woman must be searched only by another woman
with strict regard for decency.

4. Presence of Witnesses (Panchas) During Search

•Before conducting a search, the officer must:
• Call two or more independent and respectable local persons to witness the search.
• If local residents are not available, witnesses from another locality can be chosen.
• Issue a written order requiring their attendance.
 Section 103 - Persons in Charge of Closed Places to Allow
Search
5. Documentation of Search and Seizure
•The search must be conducted in the presence of witnesses.
•A list of all seized items and the places where they were found must be:
• Prepared and signed by the officer and witnesses.
• A copy of the list must be given to the owner/occupant of the place.
• If a person is personally searched, they must be given a copy of the list of seized items.

6. What If Someone Refuses to Witness the Search?

•If a person, without reasonable cause, refuses to attend and witness the search, they:
• Commit an offence under Section 222 of the Bharatiya Nyaya Sanhita, 2023 (related to
disobeying lawful orders of public servants).
 Section 104 - Disposal of Things Found in Search
Beyond Jurisdiction

1. When Does This Section Apply?

•If a search warrant is executed in an area beyond the local
jurisdiction of the Court that issued it. 3. Role of the Local Magistrate
•When any items or things specified in the search warrant are •If the seized items are taken to the nearest
found during the search. Magistrate instead of the issuing Court, the local
Magistrate:
2. What Happens to the Seized Items? • Reviews the case and determines if the
•The seized items, along with a list of the items prepared items should be sent to the original issuing
during the search, must be: Court.
• Immediately taken before the Court that issued the • Unless there is a valid reason to the
warrant. contrary, the local Magistrate must
• Exception: If the searched place is closer to another authorize the transfer of the seized items to
Magistrate’s Court, the seized items must be taken the issuing Court.
before that Magistrate instead.
 Section 105 - Recording of Search and Seizure Through
Audio-Video Electronic Means

1. What Does This Section Mandate?

•All search and seizure proceedings conducted under:
• This Chapter (Search Warrants and Seizure
Procedures)
• Section 185 (Seizure of Property Related to Offences)
•Must be recorded using audio-video electronic means,
preferably a mobile phone.
3. Who Must Receive the Recording?
•The police officer conducting the search must,
2. What Must Be Recorded? without delay, forward the audio-video recording to:
The entire search and seizure process, including: • District Magistrate (DM)
•Entering the premises and conducting the search. • Sub-Divisional Magistrate (SDM)
•Seizing items, articles, or property. • Judicial Magistrate of the First Class
•Preparing a list of all seized items.
•Signing of the seizure list by witnesses.
 Section 106 - Power of Police Officer to Seize Certain
Property

1. When Can a Police Officer Seize Property?

•If the property is alleged or suspected to have been stolen.
•If the property is found under suspicious circumstances, indicating the commission of an offence.
2. Reporting of Seizure
•If a subordinate police officer seizes such property, they must immediately report to the officer in charge
of the police station.
•Every police officer who seizes property must immediately report it to the Magistrate having jurisdiction.

3. Custody of Seized Property

•If the seized property cannot be conveniently transported to the Court, or:
• There is difficulty in securing proper accommodation for its custody, or
• Police custody is not necessary for investigation,
•The property may be handed over to a responsible person who must:
• Execute a bond stating that they will produce the property before the Court when required.
• Comply with further orders of the Court regarding disposal of the property.
 Section 106 - Power of Police Officer to Seize Certain
Property

4. Disposal of Perishable Property

•If the seized property is perishable (subject to speedy and natural decay) and:
• The owner is unknown or absent, AND
• The value of the property is less than ₹500,
•The Superintendent of Police may immediately auction the property under their orders.
•Proceeds of the sale will be handled as per Sections 503 and 504.
 Section 107 - Attachment, Forfeiture, or
Restoration of Property
1. When Can Property Be Attached?
•If a police officer believes that a property is derived from or obtained through criminal activities or is linked to
an offence, they can:
• Seek approval from the Superintendent of Police (SP) or Commissioner of Police.
• Apply to the Court or Magistrate to attach the property.
2. Issuance of Notice to Property Holder
•If the Court or Magistrate believes the property is proceeds of crime, they must:
• Issue a show-cause notice to the property holder, giving 14 days to respond.
• If the property is held by another person on behalf of the accused, a copy of the notice is sent to them
as well.
3. Passing an Attachment Order
•After considering:
• The explanation given by the property holder.
• The available evidence and facts.
• After giving a reasonable opportunity to be heard,
•The Court or Magistrate may pass an order attaching the property if it is proved to be proceeds of crime.
 Section 107 - Attachment, Forfeiture, or
Restoration of Property
4. Ex-Parte Order for Immediate Attachment
•If issuing a notice could frustrate the purpose of attachment (e.g., if the accused might sell or transfer the
property), the Court or Magistrate may:
• Pass an ex-parte interim order to attach or seize the property.
• The order remains valid until a final order is passed under sub-section (6).
5. Distribution of Attached Property to Affected Persons
•If the Court or Magistrate confirms the attached property as proceeds of crime, they shall:
• Direct the District Magistrate to distribute the property or its proceeds to persons affected by the
crime.
• The District Magistrate has 60 days to complete the distribution.
6. Forfeiture to Government
•If:
• There are no claimants to the proceeds.
• No one is identified as entitled to receive the property.
• There is a surplus after distributing to claimants.
•The property shall be forfeited to the Government.
 Section 108 - Magistrate May Direct Search in His
Presence

1. Authority of the Magistrate to Conduct a Search

•A Magistrate who is competent to issue a search warrant has the power to:
• Direct a search to be conducted in his presence.
2. When Can a Magistrate Use This Power?
•When the Magistrate believes that conducting the search in his presence would:
• Ensure fairness and transparency in the search process.
• Prevent tampering or misconduct during the search.
• Enhance the credibility of the search proceedings.
3. Advantages of a Magistrate-Presided Search
•Reduces the chances of evidence tampering or false allegations.
•Ensures immediate judicial oversight, preventing misuse of police powers.
•Enhances confidence in the fairness of the search process.
 Section 109 - Power to Impound Documents or Things
Produced
1. Authority of the Court to Impound Documents or Things
•Any Court has the discretion to impound (retain in custody) any document or thing that is:
• Produced before it under the Bharatiya Nagarik Suraksha Sanhita, 2023 (CrPC, 1973).
• Relevant to an ongoing investigation, inquiry, trial, or other legal proceedings.

2. When Can the Court Exercise This Power?

•When the Court believes that retaining the document or thing is necessary, such as:
• To prevent destruction, loss, or tampering of evidence.
• For further examination or authentication.
• To ensure its availability for judicial proceedings.

3. Key Implications of Impounding

•Protects the integrity of evidence by preventing unauthorized access.
•Ensures fair trial by securing relevant materials for judicial scrutiny.
•Prevents obstruction of justice by stopping parties from removing crucial documents.
 Section 110 - Reciprocal Arrangements Regarding
Processes
1. Purpose of Reciprocal Arrangements
•This section enables Indian courts to send legal processes (such as summons, arrest warrants, and search warrants) to:
• Courts in other Indian states or territories.
• Courts in foreign countries (contracting States) where mutual legal assistance treaties (MLATs) exist.
•It also allows Indian courts to execute foreign legal processes received from other jurisdictions.

2. Outgoing Legal Processes (Indian Court Sending a Request)

•An Indian Court may send the following legal processes for service/execution outside its jurisdiction:
• Summons to an accused person.
• Warrant for the arrest of an accused person.
• Summons to produce a document or other thing.
• Search warrant.
•Execution of the legal process depends on the recipient’s location:
• If within India but outside the issuing court's jurisdiction:
• The summons/warrant is sent in duplicate by post or otherwise to the Presiding Officer of the concerned Court.
• The receiving Court shall serve or execute it as if it were its own order.
• If in a foreign country (Contracting State):
• The document is sent in duplicate in a prescribed form through the authority notified by the Central
Government for transmission.