Bharatiya Nagarik Suraksha Sanhita, 2023
Section 94 BNSS: Summons to Produce Document or Other Thing
Section 94 of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers a Court, or an officer in charge of a police station, to require production of a document, electronic communication, communication device likely to contain digital evidence, or another thing when its production is considered necessary or desirable for an investigation, inquiry, trial or other proceeding under the BNSS.
- A Court may issue a summons for production.
- An officer in charge of a police station may issue a written order in physical or electronic form.
- The provision expressly includes electronic communications and communication devices likely to contain digital evidence.
- If a person is required only to produce a document or thing, personal attendance is not necessary if the item is caused to be produced.
- The section preserves the protections in Sections 129 and 130 of the Bharatiya Sakshya Adhiniyam, 2023 and the Bankers' Books Evidence Act, 1891.
- Postal articles in the custody of the postal authority are outside Section 94 and are dealt with separately.
What Section 94 BNSS Means
The purpose of Section 94 is to provide a formal procedure for obtaining material that may be relevant to a criminal proceeding. The power is linked to necessity or desirability for an investigation, inquiry, trial or other proceeding under the Sanhita. The provision is wider than a paper-document mechanism because it specifically refers to electronic communication and communication devices that are likely to contain digital evidence.
For a Court, the process is by summons. For an officer in charge of a police station, the requirement is made by written order, which may be issued in physical or electronic form. The person addressed is the person believed to have possession or power over the document or thing.
Text of Section 94, Bharatiya Nagarik Suraksha Sanhita, 2023
94. Summons to produce document or other thing.
(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.
Who Can Require Production?
Section 94 identifies two authorities. A Court can issue a summons, while an officer in charge of a police station can issue a written order. The provision therefore operates both during police investigation and during judicial proceedings, subject to the statutory conditions and other applicable legal protections.
Documents, Electronic Communications and Digital Evidence
A significant feature of Section 94 is its express reference to electronic material. The section covers a document or electronic communication and specifically mentions communication devices likely to contain digital evidence. Depending on the facts, this may include material stored or accessible through devices or electronic systems, provided the statutory requirement of relevance to the proceeding is satisfied.
Is Personal Attendance Necessary?
No, not where the person is required merely to produce the document or other thing. Under sub-section (2), the requirement is treated as complied with if the person causes the document or thing to be produced instead of attending personally for that purpose.
Exceptions and Protected Material
Sections 129 and 130 of the Bharatiya Sakshya Adhiniyam, 2023
Section 94 does not override Sections 129 and 130 of the Bharatiya Sakshya Adhiniyam, 2023. Section 129 concerns evidence as to affairs of State, while Section 130 concerns official communications. These provisions preserve statutory protections governing disclosure of specified official material.
Bankers' Books Evidence Act, 1891
Section 94 also expressly preserves the operation of the Bankers' Books Evidence Act, 1891. That Act regulates proof relating to bankers' books and includes records maintained through specified electronic data storage and retrieval mechanisms.
Postal Articles
Section 94 does not apply to a letter, postcard, other document, parcel or thing while it is in the custody of the postal authority. The BNSS contains a separate provision in Section 95 dealing with procedure as to letters.
Section 94 BNSS and the Earlier CrPC
Section 94 BNSS broadly occupies the field previously covered by Section 91 of the Code of Criminal Procedure, 1973, but the BNSS text expressly addresses electronic communications, communication devices likely to contain digital evidence, and written police orders in physical or electronic form. The BNSS came into force on July 1, 2024, subject to the commencement notification and applicable transitional provisions.
Practical Effect of a Section 94 Summons or Order
A Section 94 process should identify the material required and the time and place for its production. The statutory trigger is that the Court or officer in charge considers production necessary or desirable for the relevant investigation or proceeding. Questions concerning privilege, protected official material, banking records, postal custody, admissibility, authenticity or the manner of proving electronic evidence may additionally be governed by the Bharatiya Sakshya Adhiniyam, 2023 and other applicable law.
Related BNSS Sections
Updated: September 10, 2026.