Section 104 CrPC: Power to impound document, etc., produced

Code of Criminal Procedure, 1973

Section 104 CrPC at a Glance

Section 104 CrPC deals with power to impound document, etc., produced. From 1 July 2024 it is replaced by Section 109 BNSS.

Now BNSS

Section 109 →

What Section 104 CrPC Says

104. Power to impound document, etc., produced

Any Court may, if it thinks fit, impound any document or thing produced before it under this Code.

Source: Section 104, Code of Criminal Procedure, 1973

Section 104 CrPC in Simple Words

Under Section 104 CrPC, any Court may impound any document or thing produced before it under the Code, if it thinks fit.

When Section 104 CrPC Applies

  • Any Court may impound a document or thing, if it thinks fit.
  • The document or thing must be one produced before the Court under the Code.

Example of Section 104 CrPC

Ramesh produces an agreement before a Court under the Code. The Court thinks fit to impound the agreement. Under Section 104 CrPC, the Court may impound the agreement.

When Section 104 CrPC Does Not Apply

  • Section 104 CrPC speaks of impounding a document or thing. It does not deal with the return of the document or thing.
  • Section 104 CrPC speaks of a document or thing produced under the Code. It does not deal with a document or thing produced under another law.

Section 104 CrPC Under BNSS 109: What Changed

Section 104 CrPC is now covered under Section 109 BNSS.

Section 109 BNSS has the same heading and the same text as Section 104 CrPC, from 1 July 2024. Section 109 BNSS reads this Sanhita where Section 104 CrPC read this Code.

View detailed comparison (CrPC 104 vs BNSS 109) →

FAQs on Section 104 CrPC

What may a Court impound under Section 104 CrPC?▼

Any document or thing produced before the Court under the Code.

Must a Court impound every document or thing produced before it under Section 104 CrPC?▼

Section 104 CrPC says that any Court may impound a document or thing produced before it under the Code, if it thinks fit.

Does Section 104 CrPC state a time limit for impounding?▼

Section 104 CrPC states no time limit.

Where is Section 104 CrPC found from 1 July 2024?▼

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 104 CrPC has no sub-sections, and maps as a whole to Section 109 BNSS.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 20 Oct 2026 ·