Section 95 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Procedure As To Letters.

(1) If any document, parcel or thing in the custody of a postal authority is, in the
opinion of the District Magistrate, Chief Judicial Magistrate, Court of Session or High Court
wanted for the purpose of any investigation, inquiry, trial or other proceeding under this
Sanhita, such Magistrate or Court may require the postal authority to deliver the document,
parcel or thing to such person as the Magistrate or Court directs.
(2) If any such document, parcel or thing is, in the opinion of any other Magistrate,
whether Executive or Judicial, or of any Commissioner of Police or District Superintendent
of Police, wanted for any such purpose, he may require the postal authority to cause search
to be made for and to detain such document, parcel or thing pending the order of a District
Magistrate, Chief Judicial Magistrate or Court under sub-section (1).

Explanation of Section 95 BNSS

Objective:

Section 95 BNSS grants the judiciary and law enforcement the power to access documents, parcels,
or other materials held by postal authorities if they are needed for criminal investigations or trials.

Key Provisions:

1. Who Can Order the Postal Authority to Deliver Documents?

   • District Magistrate (DM)
   • Chief Judicial Magistrate (CJM)
   • Court of Session
   • High Court

2. Who Can Initiate a Search for Postal Documents?

   • Any Executive or Judicial Magistrate
   • Commissioner of Police
   • District Superintendent of Police (DSP)

3. Steps Involved:

   • Step 1: A police officer or lower-level Magistrate may order a search and detention of postal items.
   • Step 2: The detained item is sent to a District Magistrate, CJM, or Court for a final order.
   • Step 3: The District Magistrate, CJM, or Court directs the postal authority to hand over the document or parcel.

Illustration of Section 95 BNSS

Example 1: Investigating a Fraud Case

A person is under investigation for a banking fraud case. The CJM orders India Post to produce
the registered letters and financial documents sent to the suspect’s address.

Example 2: National Security Investigation

The Commissioner of Police believes that a parcel contains illegal substances.
He orders the postal authority to detain the parcel until a District Magistrate approves its seizure.

Example 3: Cybercrime Investigation

A suspect involved in a cybercrime case has been receiving hard drives through courier services.
The High Court orders the postal department to deliver the suspect’s parcel to the investigating agency.

Common Questions and Answers on Section 95 BNSS

1. Can the police directly seize a parcel from the post office?

• No, the police can only detain a parcel. Final seizure requires approval from a District Magistrate, CJM, or Court.

2. Can a private individual request the postal department to provide someone else’s documents?

• No, only a Magistrate or Court can order the postal authority to hand over documents or parcels.

3. Can this section be used to access emails or digital communications?

• No, this section applies only to physical documents, parcels, and items held by the postal authority.
  For digital evidence, see Section 94 BNSS.

4. What happens if the postal authority refuses to comply?

• Non-compliance with a Court order under this section may result in legal action against the postal authority
  for obstruction of justice.

Conclusion

Section 95 BNSS ensures that law enforcement and judicial authorities can access important
documents or parcels from the postal authority to aid in criminal investigations and trials.
This section prevents misuse of postal services for illegal activities while ensuring proper legal oversight.

For expert legal insights, visit ApniLaw today! 🚀