Section 95 BNSS: Procedure as to letters (Formerly Section 92 CrPC)

Section 95 of Bharatiya Nagarik Suraksha Sanhita, 2023: Procedure as to letters

Official Bare Act Text

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

(1) If any document, parcel or thing in the custody of a postal authority is, in the opinion of the District Magistrate, Chief Judicial Magistrate, Court of Session or High Court wanted for the purpose of any investigation, inquiry, trial or other proceeding under this Sanhita, such Magistrate or Court may require the postal authority to deliver the document, parcel or thing to such person as the Magistrate or Court directs.

(2) If any such document, parcel or thing is, in the opinion of any other Magistrate, whether Executive or Judicial, or of any Commissioner of Police or District Superintendent of Police, wanted for any such purpose, he may require the postal authority to cause search to be made for and to detain such document, parcel or thing pending the order of a District Magistrate, Chief Judicial Magistrate or Court under sub-section (1).

Legal Commentary & Landmark Judgments: Section 95

Section 95 prescribes the specialized procedure for the production of letters, postcards, telegrams, parcels, or documents in the custody of a postal or telegraph authority.

Postal/Telegraph Authority Custody: Document, parcel, or postal communication in the custody of postal or telegraphic authorities.
Competent Judicial Requisition: District Magistrate, CJM, Court of Session, or High Court alone may require the authority to deliver the document/parcel to a specified officer.
Subordinate Officer Search Powers: Subordinate magistrates or police officers can only require search and temporary detention pending an order from the DM or CJM.

Key Landmark Precedents:

State of Punjab v. Baldev Singh (1999) 6 SCC 172: The Supreme Court noted that privacy of postal and telegraphic communications is protected by stringent procedural preconditions under the Code.
District Registrar and Collector v. Canara Bank (2005) 1 SCC 496: The Supreme Court held that executive seizure of private communications and bank records must strictly respect personal privacy rights under Article 21.

Courtroom Practice & Strategic Litigation Guidance:

A police sub-inspector cannot directly seize postal parcels or confidential letters from postal authorities; they must obtain a formal requisition from the CJM or Sessions Judge under Section 95(1). Challenge direct police seizures as unauthorized.