BNSS Section 94 — Summons to produce document or other thing

Summary

If a court or a police station in-charge believes that a document, electronic communication, or device containing digital evidence is needed for an investigation, inquiry, trial, or other legal proceeding, they can order the person who has it to bring it to a specific place and time. The court can issue a summons, and the police officer can give a written order, either on paper or electronically. A person who is only asked to produce a document or thing does not have to come in person—they can simply send the item instead. This section does not change certain rules about evidence in other laws, and it does not apply to letters, postcards, or other items in the custody of the postal authority.

Official 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.

Sections referred to

• BSA §129 — Evidence as to affairs of State
• BSA §130 — Official communications

Referred to by

• BNSS §96 — When search-warrant may be issued

Related Judgments

• SATENDER KUMAR ANTIL vs CENTRAL BUREAU OF INVESTIGATION & ANR — Supreme Court of India (2025)
• Hanumante Traders vs 1. The State of Maharashtra,, ] — Bombay High Court (Mumbai Principal Seat) (2025)
• The Hon’ble Justice Jay Sengupta; C.R.R. 1510 of 2025; Arjun Singh vs State of West Bengal and Others., With, WPA 7369 of 2025, Arjun Singh — Calcutta High Court (Kolkata Principal Seat) (2025)

Old <-> New Code Mapping

• CrPC §91 — Summons to produce document or other thing