CrPC 91→BNSS 94

CrPC 91 to BNSS 94: Summons to produce document or other thing

Section 91 CrPC (1973) replaced by Section 94 BNSS (2023)

View CrPC Section 91 →View BNSS Section 94 →

CrPC 91 to BNSS 94 at a Glance

Section 91 CrPC (Summons to produce document or other thing) is now Section 94 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 91 to BNSS 94?

Section 91 of the Code of Criminal Procedure, 1973 becomes Section 94 of the Bharatiya Nagarik Suraksha Sanhita, 2023. In substance, Section 94(1) BNSS adds electronic communication, including communication devices likely to contain digital evidence, to the items that a Court or an officer in charge of a police station may require to be produced, and allows the officer's written order to be in physical or electronic form. Section 94(3)(b) BNSS removes telegrams and the telegraph authority. Section 94(2) BNSS keeps the rule in Section 91(2) CrPC unchanged. Renumbering, changing Code to Sanhita, and updating Section 94(3)(a) BNSS are changes of form.

CrPC 91 vs BNSS 94: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section9194
HeadingSummons to produce document or other thingSame
Sub-sections3 sub-sectionsSame

CrPC 91 and BNSS 94: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 91, CrPC 1973

91. 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 or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Code by or before such Court or officer, such Court may issue a summons, or such officer a written order, to the person in whose possession or power such document or thing is believed to be, requiring him 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 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872), or the Bankers’ Books Evidence Act, 1891 (13 of 1891), or (b) to apply to a letter, postcard, telegram or other document or any parcel or thing in the custody of the postal or telegraph authority.
BNSS 2023 (in force)

Section 94, BNSS 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.

When It Applies: CrPC 91 vs BNSS 94

Under CrPC 91
  1. A Court or an officer in charge of a police station may act under Section 91(1) of the Code of Criminal Procedure, 1973 when that Court or officer considers that producing a document or other thing is necessary or desirable for an investigation, inquiry, trial, or other proceeding under the Code before them.
  2. The Court may issue a summons, and the officer in charge of the police station may issue a written order, directed to the person who is believed to have the document or thing in their possession or power.
  3. The summons or written order under Section 91(1) CrPC requires the recipient either to attend and produce the document or thing, or simply to produce it, at the stated time and place.
  4. Under Section 91(2) CrPC, a person who is directed merely to produce a document or other thing shall be deemed to have complied if they arrange for it to be produced without attending in person.
Under BNSS 94
  1. A Court or an officer in charge of a police station may act under Section 94(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 when that Court or officer considers that producing a document, an electronic communication, including communication devices likely to contain digital evidence, or another thing is necessary or desirable for an investigation, inquiry, trial, or other proceeding under the Sanhita before them.
  2. Under Section 94(1) BNSS, the Court may issue a summons, and the officer in charge of a police station may issue a written order in either physical form or electronic form.
  3. The summons or written order under Section 94(1) BNSS is directed to the person believed to have possession or power over the document or thing, requiring them either to attend and produce it, or merely to produce it, at the stated time and place.
  4. Under Section 94(2) BNSS, a person required merely to produce a document or other thing shall be deemed to have complied with the requisition if they cause it to be produced instead of attending in person.

What CrPC 91 to BNSS 94 Means in Practice

From 1 July 2024, under Section 94(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, a Court or an officer in charge of a police station may expressly require the production of electronic communication, including communication devices likely to contain digital evidence, alongside documents and other things covered by Section 91(1) of the Code of Criminal Procedure, 1973. The police officer may also issue the written order in electronic or physical form, and the rule in Section 94(2) BNSS, that a person asked merely to produce an item may have it produced without attending personally, is unchanged.

FAQs: CrPC 91 to BNSS 94

What is the corresponding provision for Section 91 CrPC in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 91 of the Code of Criminal Procedure, 1973 corresponds to Section 94 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which took effect from 1 July 2024. Under the official mapping, Section 91 CrPC maps to Section 94 BNSS, Section 91(2) CrPC maps to Section 94(2) BNSS, and Section 91(3) CrPC maps to Section 94(3) BNSS. Both provisions govern summonses by a Court and written orders by an officer in charge of a police station for the production of documents or other things.

How does Section 94(1) BNSS expand the scope of Section 91(1) CrPC?▼

Section 91(1) of the Code of Criminal Procedure, 1973 covered the production of any document or other thing, and allowed an officer in charge of a police station to issue a written order. Section 94(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 adds electronic communication, including communication devices likely to contain digital evidence, to the items whose production may be required. It also specifies that the police officer may issue the written order either in physical form or in electronic form.

What changed in the exclusions under Section 94(3) BNSS compared to Section 91(3) CrPC?▼

In a change of form, Section 94(3)(a) of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaces the reference to sections 123 and 124 of the Indian Evidence Act, 1872 in Section 91(3)(a) of the Code of Criminal Procedure, 1973 with sections 129 and 130 of the Bharatiya Sakshya Adhiniyam, 2023, while keeping the Bankers' Books Evidence Act, 1891. In Section 94(3)(b) BNSS, the references to a telegram and the telegraph authority are omitted, leaving items in the custody of the postal authority.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 18 Oct 2026 ·