Section 95 BNSS 2023 - Procedure as to Letters, Parcels and Things in Postal Custody
Section 95 of the Bharatiya Nagarik Suraksha Sanhita, 2023 lays down the procedure for obtaining, searching for, or detaining a document, parcel or other thing that is in the custody of a postal authority and is required for an investigation, inquiry, trial or other proceeding under the BNSS.
Current law: The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act 46 of 2023. Its relevant provisions came into force on July 1, 2024. Section 95 forms part of Chapter VII, which deals with processes to compel the production of things.
Text of Section 95 BNSS - Procedure as to Letters
95. (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).
What Section 95 BNSS Means
Section 95 creates a special procedure for articles that are already in the custody of a postal authority. It distinguishes between the authority to order delivery of the article and the authority to require a search and temporary detention of the article.
Under sub-section (1), a District Magistrate, Chief Judicial Magistrate, Court of Session or High Court may direct the postal authority to deliver the document, parcel or thing to a person specified in the order when it is required for an investigation, inquiry, trial or other proceeding.
Under sub-section (2), certain other Magistrates and senior police officers may require the postal authority to search for and detain the article. This detention is temporary and continues pending an order by the competent authority mentioned in sub-section (1).
Authorities and Powers under Section 95
| Authority | Power under Section 95 |
|---|---|
| District Magistrate | May require delivery of the document, parcel or thing. |
| Chief Judicial Magistrate | May require delivery of the document, parcel or thing. |
| Court of Session | May require delivery of the document, parcel or thing. |
| High Court | May require delivery of the document, parcel or thing. |
| Other Executive or Judicial Magistrate | May require search and detention pending an order under sub-section (1). |
| Commissioner of Police | May require search and detention pending an order under sub-section (1). |
| District Superintendent of Police | May require search and detention pending an order under sub-section (1). |
Key Features of Section 95 BNSS
- It applies to a document, parcel or thing in the custody of a postal authority.
- The material must be wanted for an investigation, inquiry, trial or other proceeding under the BNSS.
- Only the authorities listed in sub-section (1) may direct actual delivery.
- Authorities listed in sub-section (2) may require search and detention while awaiting the competent order.
- The provision operates as a specific procedure for postal custody, separate from the general summons-to-produce mechanism in Section 94 BNSS.
Relationship between Sections 94 and 95 BNSS
Section 94 BNSS is the general provision for compelling production of documents, electronic communications, communication devices and other things. Section 94 itself excludes a letter, postcard, other document, parcel or thing in the custody of a postal authority. Section 95 provides the special procedure for that category of material.
Practical Effect
The section ensures that postal articles relevant to criminal proceedings can be preserved and produced through a controlled legal process. It also limits final delivery orders to specified judicial or magisterial authorities, while allowing certain other Magistrates and senior police officers to secure the article temporarily by requiring its search and detention.
Official Legal Resources
For the authoritative statutory text and notifications, refer to the India Code portal and the Ministry of Home Affairs - New Criminal Laws.
This page is intended for general legal information. For case-specific advice or procedural strategy, consult a qualified legal professional.