Section 94 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Summons To Produce Document Or Other Thing.

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

Explanation of Section 94 BNSS

Section 94 BNSS empowers Courts and police officers to demand the production of
documents, electronic communications, digital evidence, and other materials
needed for legal proceedings.

Key Provisions of Section 94 BNSS:

1. Who Can Issue an Order?

   • A Court may issue a summons.
   • A police officer in charge of a station may issue a written order (either physical or electronic).

2. Purpose of the Order:

   • The document, digital evidence, or other item must be necessary or desirable
     for an investigation, inquiry, trial, or proceeding.

3. Electronic and Digital Evidence:

   • Electronic communication, mobile devices, emails, chats, and digital records
     can be summoned as evidence in legal proceedings.

4. No Personal Appearance Required:

   • The person does not need to appear in person if they send the required document or evidence.

5. Exceptions:

   • This provision does not override Sections 129 and 130 of the
     Bharatiya Sakshya Adhiniyam, 2023, or the Bankers’ Books Evidence Act, 1891.
   • This section does not apply to letters, parcels, and documents held by postal authorities.

Illustration of Section 94 BNSS

Example 1: Court Summoning Digital Evidence

A Court handling a cybercrime case requires WhatsApp chats and emails from the accused.
The Court issues a summons under Section 94 BNSS, directing the accused to produce the chats.

Example 2: Police Officer Requiring CCTV Footage

A police officer investigating a robbery believes that a nearby shop’s CCTV footage
contains relevant evidence. The officer issues a written order to the shopkeeper,
requiring them to submit the CCTV footage.

Example 3: Production of Bank Records

During a fraud investigation, the Court requires bank transaction details.
The Court issues an order to the bank to produce the required records.

Common Questions and Answers on Section 94 BNSS

1. Can a police officer demand mobile phone records under Section 94 BNSS?

• Yes, if the mobile phone records contain evidence relevant to an investigation,
  a police officer can issue a written order for their production.

2. Does a person have to appear in Court if they are summoned under this section?

• No, they can send the required documents without attending in person.

3. Can postal letters or parcels be demanded under Section 94 BNSS?

• No, letters, parcels, and postal documents are exempt under this section.

4. What happens if a person refuses to comply with the order?

• Non-compliance may lead to legal consequences, including possible action under contempt of Court
  or obstruction of justice provisions.

5. How does Section 94 BNSS relate to digital evidence?

• Section 94 explicitly allows for electronic communication and digital devices
  to be produced as evidence, making it relevant for cybercrime cases.

Conclusion

Section 94 BNSS strengthens the investigative powers of Courts and police officers
by allowing them to demand the production of documents, electronic evidence, and other materials.
It plays a crucial role in ensuring efficient legal proceedings, especially in cases
involving cybercrime, financial fraud, and other digital offenses.

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