Section 94 BNSS: Summons to produce document or other thing (Formerly Section 91 CrPC)

Section 94 of Bharatiya Nagarik Suraksha Sanhita, 2023: Summons to produce document or other thing

Official Bare Act Text

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

(1) Whenever any Court or any officer in charge of a police station considers that the production of any document, electronic communication, including communication devices, which is likely to contain digital evidence or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Sanhita by or before such Court or officer, such Court may issue a summons or such officer may, by a written order, either in physical form or in electronic form, require the person in whose possession or power such document or thing is believed to be, to attend and produce it, or to produce it, at the time and place stated in the summons or order.

(2) Any person required under this section 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.

(3) Nothing in this section shall be deemed—

(a) to affect sections 129 and 130 of the Bharatiya Sakshya Adhiniyam, 2023 or the Bankers' Books Evidence Act, 1891; or

(b) to apply to a letter, postcard, or other document or any parcel or thing in the custody of the postal authority.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g)

Legal Commentary & Landmark Judgments: Section 94

Section 94 of the Bharatiya Nagarik Suraksha Sanhita, 2023 authorizes courts and police officers to issue summons or written orders for the production of documents or other things.

Process Issuance & Attendance: Section 94 provides that whenever any Court or officer in charge of a police station considers that the production of any document or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial, or other proceeding, such Court may issue a summons, or such officer a written order, to the person in whose possession such document is believed to be, requiring attendance and production.
Evidentiary Proof & Admissibility: However, sub-section (3) preserves statutory exemptions under the Indian Evidence Act and Bankers' Books Evidence Act, and constitutional jurisprudence strictly limits its application against accused persons.

Key Landmark Precedents:

State of Gujarat v. Shyamlal Mohanlal Choksi (AIR 1965 SC 1251): The Constitution Bench held that Section 91 CrPC (Sec 94 BNSS) does not apply to an accused person to compel production of self-incriminating documents, upholding Article 20(3) of the Constitution.
Nitya Dharmananda v. Gopal Sheelum Reddy (2018) 2 SCC 93: Held that the accused can invoke Section 91 at the stage of framing of charges only in rare, exceptional cases where documents of unimpeachable authenticity demolish the prosecution case.

Legal Commentary:

Section 94 is a potent discovery tool in criminal trials. While the prosecution uses it to procure records from banks, telecom providers, and public authorities, the defense may deploy Section 94 to summon exculpatory material withheld by investigators, subject to established judicial benchmarks.