Law and You >Procedural Laws > BNSS > Concept Applications 7.2 Processes to Compel Production of Things (2 Marks)

Two Marks Questions on Processes to Compel Production of Things

Q1. What is the purpose of Section 94 of the BNSS?

Section 94(1) BNSS, empowers a court or the officer in charge of a police station to issue summons by Court and order by the police officer for the production of a document or other thing necessary or desirable for an investigation, inquiry, trial, or proceeding.

Q2. Who can issue a summons for the production of a document or other thing under Section 94?

Under Section 94(1) BNSS, a court may issue summons or officer in charge of a police station may issue an order requiring the production of a document or other thing.

Q3. What is meant by “document or other thing” under Section 94 BNSS?

Under Section 94(1) BNSS, the phrase “document or other thing” includes documents, electronic communications, communication devices likely to contain digital evidence, and other materials relevant to the investigation or proceeding.

Q4. When is a person deemed to have complied with a requisition to produce a document or other thing under the BNSS?

Under Section 94(2) BNSS, any person required under this section 94(1) BNSS 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.

Q5. Who may require a postal authority to deliver a document, parcel, or thing under Section 95(1) BNSS?

The District Magistrate, Chief Judicial Magistrate, Court of Session, or High Court may require the postal authority to deliver a document, parcel, or thing under Section 95(1) BNSS.

Q6. When can a Magistrate or Court require a postal authority to deliver a document, parcel, or thing?

Under Section 95(1) BNSS, a Magistrate or Court require a postal authority to deliver a document, parcel, or thing, when he believes that the document, parcel, or thing is wanted for an investigation, inquiry, trial, or other proceeding under the BNSS.

Q7. What authorities are empowered under Section 95(2) BNSS to require search and detention of document, parcel, or thing by a postal authority?

Any Executive or Judicial Magistrate, Commissioner of Police, or District Superintendent of Police may exercise this power.

Q8. What is the next step after a document or parcel is detained under Section 95(2)?

The document, parcel, or thing remains detained pending an order from the District Magistrate, Chief Judicial Magistrate, or Court under Section 95(1).

Q9. When may a court issue a search warrant under Section 96 BNSS?

Section 96(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) gives a Court the power to issue a search warrant in the following three situations:

• The Court has reason to believe that a person who has been, or may be, asked to produce a document or thing will not actually produce it.
• The Court knows that a particular document or thing exists, but does not know who has it.
• The Court may consider that the purpose of an inquiry, trial, or other proceeding under the BNSS would be served by conducting a general search or inspection.

Q10. What is the difference between a summons to produce and a search warrant under the BNSS?

A summons requires a person to voluntarily produce the specified material, whereas a search warrant authorises a search for and seizure of the material when production cannot otherwise be secured.

Q11. Who may issue a search warrant under Section 96 BNSS?

A court may issue a search warrant when the statutory conditions for such a warrant are satisfied.

Q12. Can Court put restriction on the scope of the Search?

Under Section 96(2) BNSS, the Court has the discretion to impose a restriction on the scope of the search. It is not mandatory in every case. The Court can identify a specific place, room, area, cupboard, section, etc. where the search or inspection is allowed.

Q13. Who can issue search warrant to search for document, parcel or thing in the custody of postal authority?

Only District Magistrate (DM), or Chief Judicial Magistrate (CJM) can issue search warrant to search for document, parcel or thing in the custody of postal authority.

Q14. What are the circumstances in which a search warrant may be issued for a place suspected to contain stolen property?

Under Section 97, a District Magistrate, Sub-divisional Magistrate, or Magistrate of the first class may issue a warrant to search a place suspected of being used for depositing or dealing in stolen property or forged documents.

Q15. What are the provisions in BNSS regarding search for persons wrongfully confined?

Under Section 100 BNSS permits a Magistrate to issue a search warrant when there is reason to believe that a person is wrongfully confined, so that the person may be found and produced before the Magistrate.

Q16. What safeguards are provided during the execution of a search warrant?

The BNSS requires procedural safeguards such as the presence of independent witnesses, preparation of a seizure list, and compliance with prescribed search procedures.

Q17. What is the significance of Section 104 BNSS regarding the disposal of things found during a search?

Section 104 BNSS deals with the custody and disposal of things found during a search conducted beyond local jurisdiction of the court. Under this Section the documents/thing found in the search shall be immediately taken before the Court issuing the warrant.

Q18. What powers does a police officer have under Section 105 BNSS in relation to the recording of search and seizure?

Under Section 105 BNSS, the search and seizure process must be recorded through audio-video electronic means, preferably by mobile phone, and the police officer shall without delay forward such recording to the District Magistrate, Sub-divisional Magistrate or Judicial Magistrate of the first class.

Q19. What does Section 106 BNSS provide regarding the power of police to seize certain property?

Section 106 BNSS empowers a police officer to seize property suspected to be stolen or found in circumstances creating suspicion of an offence.

Q20. What is the purpose of Section 110 BNSS concerning reciprocal arrangements?

Section 110 provides for reciprocal arrangements with contracting States concerning assistance in the service or execution of processes and orders relating to criminal matters.

Q21. How do Sections 94–110 BNSS facilitate the collection and preservation of evidence?

These provisions provide mechanisms for compelling the production, searching for, seizing, and preserving documents, electronic evidence, property, and other relevant materials.

Q22. Why are procedural safeguards important when compelling the production of documents or things?

They prevent arbitrary searches and seizures and help protect individual rights while ensuring that relevant evidence is lawfully obtained.

Q23. How does the BNSS balance investigative powers with the rights of individuals during search and seizure?

The BNSS grants authorities powers necessary for investigation while prescribing safeguards, judicial oversight, documentation, and recording requirements to prevent misuse.

Q24. What is the significance of judicial supervision over processes for compelling the production of things?

Judicial supervision ensures that coercive processes such as search warrants are used only when legally justified and helps protect the fairness and integrity of criminal proceedings.