Section 95 BNSS: Procedure as to letters

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 95 BNSS at a Glance

Section 95 BNSS deals with procedure as to letters. It replaced Section 92 CrPC on 1 July 2024.

Was CrPC

Section 92 →

Section 95 BNSS Bare Act Text

(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).

Source: Section 95, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 95 BNSS in Simple Words

Section 95 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with a document, parcel or thing in the custody of a postal authority that is wanted for the purpose of any investigation, inquiry, trial or other proceeding under the Sanhita.

Under Section 95(1) BNSS, the District Magistrate, Chief Judicial Magistrate, Court of Session or High Court may require the postal authority to deliver it to such person as the Magistrate or Court directs.

Under Section 95(2) BNSS, any other Magistrate, or any Commissioner of Police or District Superintendent of Police, may require the postal authority to cause search to be made for it and to detain it pending the order of a District Magistrate, Chief Judicial Magistrate or Court under Section 95(1) BNSS.

When Section 95 BNSS Applies

  • Section 95(1) BNSS applies to a document, parcel or thing in the custody of a postal authority that 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 the 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.
  • Section 95(2) BNSS applies where such a 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.
  • That Magistrate or officer 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 Section 95(1) BNSS.

Example of Section 95 BNSS

A parcel is in the custody of a postal authority. Kavita, the District Magistrate, is of the opinion that the parcel is wanted for the purpose of a trial under the Bharatiya Nagarik Suraksha Sanhita, 2023. Kavita may require the postal authority to deliver the parcel to such person as Kavita directs. Separately, Anil, a Commissioner of Police, is of the opinion that another parcel in the same custody is wanted for the purpose of an investigation. Anil may require the postal authority to cause search to be made for the parcel and to detain it pending the order of a District Magistrate, Chief Judicial Magistrate or Court under Section 95(1) BNSS.

When Section 95 BNSS Does Not Apply

  • Section 95 BNSS speaks of a document, parcel or thing in the custody of a postal authority. It does not deal with a summons to produce a document or other thing, the subject of Section 94 BNSS.
  • Section 95 BNSS speaks of a requirement made to a postal authority. It does not deal with the issue of a search-warrant, the subject of Section 96 BNSS.

Section 95 BNSS in the CrPC (Previous Law)

Section 95 BNSS replaced Section 92 CrPC from 1 July 2024.

Section 95 BNSS is headed Procedure as to letters where Section 92 CrPC was headed Procedure as to letters and telegrams. Section 95 BNSS speaks of a postal authority in Section 95(1) and Section 95(2) where Section 92 CrPC spoke of a postal or telegraph authority, and omits the words as the case may be. Section 95(1) BNSS reads under this Sanhita where Section 92(1) CrPC read under this Code. The persons who may act, and the pending order of a District Magistrate, Chief Judicial Magistrate or Court, are in the same words.

Each sub-section below names its own source.

FAQs on Section 95 BNSS

Who may require a postal authority to deliver a document, parcel or thing under Section 95(1) BNSS?▼

The District Magistrate, Chief Judicial Magistrate, Court of Session or High Court may require the postal authority to deliver the document, parcel or thing to such person as the Magistrate or Court directs, where the document, parcel or thing is in the custody of the postal authority and is, in the opinion of that Magistrate or Court, wanted for the purpose of any investigation, inquiry, trial or other proceeding under the Sanhita.

What may any other Magistrate, Commissioner of Police or District Superintendent of Police require under Section 95(2) BNSS?▼

Any other Magistrate, whether Executive or Judicial, or any Commissioner of Police or District Superintendent of Police, may require the postal authority to cause search to be made for and to detain the document, parcel or thing pending the order of a District Magistrate, Chief Judicial Magistrate or Court under Section 95(1) BNSS.

For what purposes may a document, parcel or thing be wanted under Section 95 BNSS?▼

It must be wanted for the purpose of any investigation, inquiry, trial or other proceeding under the Sanhita.

What changed from Section 92 CrPC to Section 95 BNSS from 1 July 2024?▼

Section 95 BNSS has differences from Section 92 CrPC. The heading of Section 95 BNSS reads Procedure as to letters where the heading of Section 92 CrPC read Procedure as to letters and telegrams. Section 95(1) BNSS reads the custody of a postal authority where Section 92(1) CrPC read the custody of a postal or telegraph authority. Section 95(1) BNSS reads may require the postal authority to deliver where Section 92(1) CrPC read may require the postal or telegraph authority, as the case may be, to deliver. Section 95(2) BNSS reads may require the postal authority to cause search to be made where Section 92(2) CrPC read may require the postal or telegraph authority, as the case may be, to cause search to be made. Section 95(1) BNSS reads under this Sanhita where Section 92(1) CrPC read under this Code.

Section 95 BNSS: Sub-sections Explained

Section 95(1) BNSS: Procedure as to letters and telegrams

▶

Bare Act Text

(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.

Previous Law

CrPC 92 → Section 95(1) BNSS

Section 95(2) BNSS: Procedure as to letters and telegrams

▶

Bare Act Text

(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).

Previous Law

CrPC 92(2) → Section 95(2) BNSS

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 21 Oct 2026 ·