Section 94 BNSS: Summons to produce document or other thing

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 94 BNSS at a Glance

Section 94 BNSS deals with summons to produce document or other thing. It replaced Section 91 CrPC on 1 July 2024. Popularly called summons to produce a document. Section 94(1) BNSS adds electronic communication, including devices likely to contain digital evidence, to what may be required to be produced.

Was CrPC

Section 91 →

Section 94 BNSS Bare Act Text

(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.

Source: Section 94, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 94 BNSS in Simple Words

Section 94 of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers a Court or an officer in charge of a police station to obtain documents, electronic communications, communication devices likely to contain digital evidence, or other things for an investigation, inquiry, trial, or other proceeding under the Sanhita.

When the Court or officer considers production necessary or desirable, the Court may issue a summons, or the officer may issue a written order in physical or electronic form, to the person believed to have possession or power over the item.

A person required merely to produce an item complies by having it produced without attending personally.

When Section 94 BNSS Applies

  • 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.
  • 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.
  • 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.
  • 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.

Example of Section 94 BNSS

Inspector Priya, the officer in charge of a police station, is investigating a fraud case under the Bharatiya Nagarik Suraksha Sanhita, 2023. She considers that producing a mobile phone and email logs likely to contain digital evidence is necessary for the investigation, and she believes these are in the possession of Arjun, an accountant. Under Section 94(1) BNSS, Inspector Priya issues a written order in electronic form to Arjun requiring him merely to produce the device and records at the police station at the stated time and place. Under Section 94(2) BNSS, Arjun has his assistant deliver the items at the stated time without attending personally, and he is deemed to have complied with the requisition.

When Section 94 BNSS Does Not Apply

  • Section 94(3)(a) of the Bharatiya Nagarik Suraksha Sanhita, 2023 states that nothing in Section 94 BNSS shall be deemed to affect sections 129 and 130 of the Bharatiya Sakshya Adhiniyam, 2023 or the Bankers' Books Evidence Act, 1891.
  • Under Section 94(3)(b) BNSS, nothing in Section 94 BNSS shall be deemed to apply to a letter, postcard, or other document, or any parcel or thing, that is in the custody of the postal authority.
  • A summons or written order cannot be issued under Section 94(1) BNSS when the Court or officer in charge of a police station does not consider the production of the document, electronic communication, communication device, or other thing necessary or desirable for a proceeding under the Sanhita.

Section 94 BNSS in the CrPC (Previous Law)

Section 94 BNSS replaced Section 91 CrPC from 1 July 2024.

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.

Each sub-section below names its own source.

FAQs on Section 94 BNSS

Can digital evidence and communication devices be summoned under Section 94 BNSS?▼

Yes. Under Section 94(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, a Court or an officer in charge of a police station may require the production of any document, electronic communication, including communication devices likely to contain digital evidence, or other thing. This power may be used whenever the Court or officer considers that producing the item is necessary or desirable for an investigation, inquiry, trial, or other proceeding under the Sanhita by or before that Court or officer.

How can a police officer issue an order for production under Section 94 BNSS?▼

An officer in charge of a police station acts under Section 94(1) BNSS by issuing a written order, either in physical form or in electronic form, to the person in whose possession or power the document or thing is believed to be. By contrast, a Court acts under Section 94(1) BNSS by issuing a summons. Both the summons and the written order state the time and place for attending and producing, or merely producing, the required item.

Does a person summoned under Section 94 BNSS have to appear in person?▼

A person required under Section 94 BNSS merely to produce a document or other thing does not have to attend personally. Under Section 94(2) BNSS, that person shall be deemed to have complied with the requisition if they cause the document or thing to be produced instead of attending personally to produce the same. Personal attendance is required only when the summons or written order under Section 94(1) BNSS directs the person both to attend and to produce the item.

What changed in Section 94 BNSS compared to the earlier law?▼

Compared to Section 91 of the Code of Criminal Procedure, 1973, Section 94 BNSS adds electronic communication, including communication devices likely to contain digital evidence, to the items that may be required. Section 94(1) BNSS also permits the officer in charge of a police station to issue a written order in physical or electronic form. Further, Section 94(3) BNSS updates the cross-reference to sections 129 and 130 of the Bharatiya Sakshya Adhiniyam, 2023 and omits telegrams and the telegraph authority.

Section 94 BNSS: Sub-sections Explained

Section 94(1) BNSS: Summons to produce document or other thing

▶

Bare Act Text

(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.

Previous Law

CrPC 91 → Section 94(1) BNSS

Section 94(2) BNSS: Summons to produce document or other thing

▶

Bare Act Text

(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.

Previous Law

CrPC 91(2) → Section 94(2) BNSS

Section 94(3) BNSS: Summons to produce document or other thing

▶

Bare Act Text

(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.

Previous Law

CrPC 91(3) → Section 94(3) BNSS

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 18 Oct 2026 ·