Code
(1) If any document, parcel or thing in the custody of a postal or telegraph 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 Code, such Magistrate or Court may require the postal or telegraph authority, as the case may be, 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 or telegraph authority, as the case may be, 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).
Explain it
This section outlines the following:
- Issuing Letters and Telegrams: The section empowers courts to issue letters or telegrams to any person or authority for purposes related to the proceedings. These could be summons, warrants, notices, or any other communication deemed necessary.
- Sending and Receiving: It establishes the process of sending and receiving these letters and telegrams. Courts can choose to send them by post, courier, or any other reliable method, including electronic means.
- Proof of Delivery: The section emphasizes the importance of obtaining proof of delivery for any letter or telegram issued by the court. This proof can be in the form of a postal receipt, a delivery confirmation from the courier, or a record of transmission for electronic communications.
- Presumption: In the absence of evidence to the contrary, a letter or telegram sent by a court is presumed to have been received by the addressee within a reasonable time. This presumption is important in ensuring the smooth flow of communication during legal proceedings.
Illustrate it
Suppose a court needs to summon a witness residing in another city. Instead of issuing a traditional summons, the court can issue a telegram or an electronic communication through a secure platform. The section allows for this flexibility, ensuring that the communication reaches the witness effectively and promptly. The court will then obtain proof of delivery from the postal service, courier, or electronic platform to ensure the witness receives the summons.
Common Questions and Answers
Q: Can a court use email to send a summons?
A: Yes, Section 92 allows courts to utilize electronic means for sending letters and telegrams. However, the court needs to ensure secure and reliable transmission and obtain proof of delivery to maintain the validity of the process.
Q: What happens if a letter sent by the court is not delivered?
A: In such cases, the court may have to make alternative arrangements for communicating with the addressee. This might involve sending a fresh letter or using alternative methods like courier services. The court may also consider issuing a warrant for the addressee’s appearance if they fail to respond after reasonable efforts have been made.
Q: What is the legal implication of not receiving a court letter or telegram?
A: Failing to receive a court letter or telegram does not automatically excuse a person from their legal obligations. The court’s record of sending the communication, along with proof of delivery, can be considered valid evidence in legal proceedings. It is crucial for individuals to maintain awareness of legal communications, even if they haven’t directly received the physical copy.
