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Thursday, 12 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter VII: Processes To Compel The Production Of Things

Section 94 BNSS: Summons to produce document or other thing

Corresponding CrPC
Section 91 CrPC
Note
New: covers electronic communications and communication devices likely to contain digital evidence, and allows a written order in electronic form.

Bare Act text

(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 (13 of 1891); or

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

Text as enacted in the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023), in force from 1 July 2024. Source: India Code, Government of India.

In simple words

Whenever a Court or an officer in charge of a police station considers that producing a document, electronic communication (including communication devices likely to contain digital evidence) or other thing is necessary or desirable for an investigation, inquiry, trial or other proceeding, the Court may issue a summons, or the officer a written order in physical or electronic form, requiring the person believed to possess it to attend and produce it, or to produce it, at the stated time and place. A person required merely to produce a document or thing complies by causing it to be produced instead of attending personally. The section does not affect sections 129 and 130 of the Bharatiya Sakshya Adhiniyam, 2023 or the Bankers’ Books Evidence Act, 1891, and does not apply to a letter, postcard, other document, parcel or thing in the custody of the postal authority.

Chapter VII: Processes To Compel The Production Of Things

  1. 94 Summons to produce document or other thing
  2. 95 Procedure as to letters
  3. 96 When search-warrant may be issued
  4. 97 Search of place suspected to contain stolen property, forged documents, etc
  5. 98 Power to declare certain publications forfeited and to issue search-warrants for same
  6. 99 Application to High Court to set aside declaration of forfeiture
  7. 100 Search for persons wrongfully confined
  8. 101 Power to compel restoration of abducted females
  9. 102 Direction, etc., of search-warrants
  10. 103 Persons in charge of closed place to allow search
  11. 104 Disposal of things found in search beyond jurisdiction
  12. 105 Recording of search and seizure through audio video electronic means
  13. 106 Power of police officer to seize certain property
  14. 107 Attachment, forfeiture or restoration of property
  15. 108 Magistrate may direct search in his presence
  16. 109 Power to impound document, etc., produced
  17. 110 Reciprocal arrangements regarding processes
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