In the current alteration to the criminal Laws in the country the focus was put on modernization of the codes and to remove or replace the colonial era laws in place. This included adding provisions to existing laws or replacing them entirely with laws that are much more relevant in present times. For example, there were laws and provisions in the codes which we used everyday to fight legal battles in the court which talked about Postcards, Pagers, telegrams and other outdated pieces of technology which are not in use today. They also did not expressly include technologies of the present generation and thus there where hardships faced by many and strong loopholes were left behind, ready to be misused.
In todays blog we will learn more about Chapter
VII BNSS which talks about Process to compel the production of things. In specific
we will talk about Section 94 of BNSS (Previously Section 91 CrPC), which has
seen a material addition and alteration of some very important aspects which
make this section all the more relevant and usable.
To do this lets first read what the section
says:
“Section 94. Summons to produce document or other thing.
(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.”
The Legal Context
Section 94(1) of BNSS empowers both courts and
police officers to take necessary steps when specific documents or items are
crucial for legal proceedings. A court may issue a summons to the person
believed to possess or have control over the relevant document or thing. The
summons should specify the time and place for the person to attend and produce
the material that is asked by the Court.
Alternatively, an officer such as the officer
in charge of a police station can issue a written order, either in physical or
electronic form, requiring the person to produce the document or thing. The person
so asked should attend and produce the same at the time and place specified by
the Officer.
Purpose:
Whenever a court or an officer in charge of a police station believes that the
production of certain materials is necessary or desirable to conduct an
investigation, inquiry, trial, or any other proceeding under BNSS, they can issue
summons/ written order to produce the thing as per the provisions of Chapter
VII BNSS.
Scope:
This provision covers a wide range of items, including documents, electronic
communications including communication devices, and anything likely to contain
digital evidence. Earlier in CrPC Section 91, there was not mention of digital
evidence, electronic communication or records and therefore the process to
compel any devices or information pertaining to investigation of digital records
was a complicated procedure. The same were interpreted under “other thing” in
earlier provisions of CrPC, which is vague term and is subjected to many
loopholes in the process.
It is important to have specific and relevant
provisions which point in a specific direction. General and vague provisions
can result in excessive powers to the user and a solution to the problem in
such cases is also vague, hence generalising the entire process and resulting
in failure of justice.
Digital Evidence and Relevance
In our digital age, electronic communication
and digital evidence play a crucial role in investigations. With the growth of
social media, smartphones and other digital gadgets, evidences are made and
stored on such devices. Hence for the law enforcement agencies to acquire such
evidences must have relevant laws in place that ensures are legal system is
capable of handling modern pieces of evidences. Section 94 ensures that
relevant materials are made available promptly, aiding the legal process.
Balancing Rights and Investigation
While this provision empowers authorities, it
also respects the rights of individuals. The requirement for specificity in identifying
the material needed, prevents arbitrary requests and unnecessary harassment and
misuse of power by any authority so equipped to do so.
Another aspect to stop harassment is if the
person asked to produce document or a thing, in person, by the Court or Police
Officer in charge, the person would be deemed to have fulfilled the request if
he has sent the said document or thing to the authority, even if without
appearing before it in person.
Conclusion
Chapter VII of BNSS is a welcome change in replacing
age old obsolete laws that were followed prior to it replacing them. Section 94
is the backbone of this chapter and inclusion of Digital/ electronic evidences
and devices are deeply appreciated by every law professional and law
enforcement body. Investigators, prosecutors, and courts rely on Section 94 to
secure essential evidence. It ensures transparency and fairness in legal
proceedings.
Remember, the wheels of justice turn smoothly when relevant documents and evidence are accessible. Section 94 BNSS facilitates this process, ensuring a balance between investigative needs and individual rights.
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Sources:
1. India
Code: Bharatiya Nagarik Suraksha Sanhita, 2023
2. Indian Kanoon -
Section 94(1) in Bharatiya Nagarik Suraksha Sanhita, 2023
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Disclaimer: This Article/essay
provides general information and does not constitute legal advice. Consult a
qualified legal professional for specific cases.
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