Section 109 BNSS: Power to impound document, etc., produced (Formerly Section 104 CrPC)

Section 109 of Bharatiya Nagarik Suraksha Sanhita, 2023: Power to impound document, etc., produced

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

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

Legal Commentary & Landmark Judgments: Section 109

Section 109 empowers any court to impound any document or thing produced before it under this Sanhita, if it thinks fit.

Production Before Court: Document, passport, register, or object produced in court pursuant to summons or during trial.
Discretionary Impounding Power: Court forms an opinion that preservation in custodia legis is necessary.
Retention in Judicial Custody: Retained by court officers to prevent tampering, destruction, or flight.

Key Landmark Precedents:

Suresh Kathuria v. State of Haryana (2009) 17 SCC 276: The Supreme Court clarified that while courts have power to impound documents produced before them under Section 104 CrPC (Section 109 BNSS), this does not authorize the court or police to impound passports, which is governed exclusively by the Passports Act, 1967.
Suresh Nanda v. CBI (2008) 3 SCC 674: The Supreme Court settled that courts cannot impound an Indian passport under Section 104 CrPC; only the Passport Authority under Section 10(3) of the Passports Act can impound a passport.
Babulal v. State of Maharashtra (1993) Supp 3 SCC 419: Affirmed the power of criminal courts to impound questioned forged deeds pending trial.

Courtroom Practice & Strategic Litigation Guidance:

Landmark limitation under *Suresh Nanda*: A Magistrate or police agency CANNOT impound an accused's passport under Section 109 BNSS. If the court impounds a passport, move for release under Section 528 BNSS citing *Suresh Nanda* and *Suresh Kathuria*.