Section 92 CrPC: Procedure as to letters and telegrams
Code of Criminal Procedure, 1973
Section 92 CrPC at a Glance
Section 92 CrPC deals with procedure as to letters and telegrams. From 1 July 2024 it is replaced by Section 95 BNSS.
What Section 92 CrPC Says
92. Procedure as to letters and telegrams
(1) If any document, parcel or thing in the custody of a postal or telegraph 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 Code, such Magistrate or Court may require the postal or telegraph authority, as the case may be, 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 or telegraph authority, as the case may be, 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 92, Code of Criminal Procedure, 1973
Section 92 CrPC in Simple Words
Section 92 of the Code of Criminal Procedure, 1973 deals with a document, parcel or thing in the custody of a postal or telegraph authority that is wanted for the purpose of any investigation, inquiry, trial or other proceeding under the Code.
Under Section 92(1) CrPC, the District Magistrate, Chief Judicial Magistrate, Court of Session or High Court may require the authority to deliver it to such person as the Magistrate or Court directs.
Under Section 92(2) CrPC, any other Magistrate, or any Commissioner of Police or District Superintendent of Police, may require the 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 92(1) CrPC.
When Section 92 CrPC Applies
- Section 92(1) CrPC applies to a document, parcel or thing in the custody of a postal or telegraph 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 Code.
- Such Magistrate or Court may require the postal or telegraph authority, as the case may be, to deliver the document, parcel or thing to such person as the Magistrate or Court directs.
- Section 92(2) CrPC 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 or telegraph authority, as the case may be, 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 92(1) CrPC.
Example of Section 92 CrPC
When Section 92 CrPC Does Not Apply
- Section 92 CrPC speaks of a document, parcel or thing in the custody of a postal or telegraph authority. It does not deal with a summons to produce a document or other thing, the subject of Section 91 CrPC.
- Section 92 CrPC speaks of a requirement made to a postal or telegraph authority. It does not deal with the issue of a search-warrant, the subject of Section 93 CrPC.
Section 92 CrPC Under BNSS 95: What Changed
Section 92 CrPC is now covered under Section 95 BNSS.
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.
View detailed comparison (CrPC 92 vs BNSS 95) →FAQs on Section 92 CrPC
Who could require a postal or telegraph authority to deliver a document, parcel or thing under Section 92(1) CrPC?▼
The District Magistrate, Chief Judicial Magistrate, Court of Session or High Court could require the postal or telegraph authority, as the case may be, to deliver the document, parcel or thing to such person as the Magistrate or Court directed, where the document, parcel or thing was in the custody of that authority and was, in the opinion of that Magistrate or Court, wanted for the purpose of any investigation, inquiry, trial or other proceeding under the Code.
What could any other Magistrate, Commissioner of Police or District Superintendent of Police require under Section 92(2) CrPC?▼
Any other Magistrate, whether Executive or Judicial, or any Commissioner of Police or District Superintendent of Police, could require the postal or telegraph authority, as the case may be, 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 92(1) CrPC.
For what purposes could a document, parcel or thing be wanted under Section 92 CrPC?▼
It had to be wanted for the purpose of any investigation, inquiry, trial or other proceeding under the Code.
Where is Section 92 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼
The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure, 1973 from 1 July 2024. Section 92(1) CrPC is found in Section 95(1) BNSS and Section 92(2) CrPC in Section 95(2) BNSS.
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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 21 Oct 2026 ·