Code:
109.
Any Court may, if it thinks fit, impound any document or thing produced before it under this Sanhita.
Explanation
Section 109 BNSS grants any court the authority to impound, or seize, any document or item presented before it, if the court deems it appropriate. The provision ensures that the court has the power to take control of any material that it finds to be relevant to the proceedings or necessary for further examination. This power is exercised at the discretion of the court, emphasizing judicial authority in preserving evidence.
Key Points:
- Court’s Discretion: The court has the discretion to decide whether to impound a document or item.
- Preservation of Evidence: This provision may be used to preserve critical documents or things that are important for the trial or investigation.
- Ensuring Integrity of Proceedings: The court may impound documents to prevent tampering, destruction, or loss.
Illustration
Example 1: Impounding Evidence
A party in a trial produces a document that could potentially affect the outcome of the case. The court, after evaluating its relevance, decides to impound the document to ensure its safe-keeping and prevent any misuse or tampering during the ongoing legal process.
Common Questions and Answers
1. Can any court impound any document or item?
- Answer: Yes, any court has the power to impound documents or items presented before it if the court deems it necessary or appropriate.
2. When will a court decide to impound a document or thing?
- Answer: A court will consider impounding a document or item if it is deemed critical for the case or if it is at risk of being tampered with or destroyed.
Conclusion
Section 109 BNSS empowers courts with the discretion to impound documents or things that are brought before them, ensuring that important materials are preserved for justice and that the integrity of the proceedings is upheld.
