Section 104 CrPC: Power to Impound Documents and Things - Section 109 BNSS
Section 104 of the Code of Criminal Procedure, 1973 empowered a court to impound a document or other thing produced before it. The corresponding provision in the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 109 BNSS, effective from 1 July 2024.
Text of Section 104 of the Code of Criminal Procedure, 1973
Any Court may, if it thinks fit, impound any document or thing produced before it under this Code.
Current Law: Section 109 of the Bharatiya Nagarik Suraksha Sanhita, 2023
Any Court may, if it thinks fit, impound any document or thing produced before it under this Sanhita.
The operative power remains substantially the same. The statutory reference has changed from the Code to the Sanhita. For the enacted text, consult the Bureau of Police Research and Development's official new criminal laws portal and the Ministry of Home Affairs criminal laws page.
Meaning of Impounding Under Criminal Procedure
To impound a document or thing means to retain it in the court's custody or control instead of returning it immediately. The power enables a court to preserve material produced before it when continued retention is justified for the proceedings.
Essential Conditions for Exercising the Power
- Exercise by a court: The provision confers the power on a court, not a general independent power on every investigating authority.
- Production before the court: The document or thing must have been produced before the court under the applicable criminal procedure law.
- Judicial discretion: The words "if it thinks fit" mean that impounding is discretionary, not automatic.
- Lawful purpose: The decision should serve a legitimate purpose connected with the proceedings and remain subject to applicable legal safeguards and judicial review.
Difference Between Impounding, Seizure and Admission in Evidence
Impounding concerns the court's retention of material produced before it. Seizure may occur during investigation under a separate statutory power. Admission in evidence is a distinct question governed by the applicable rules of evidence. A document does not become admissible or prove its contents merely because it has been impounded.
Section 104 CrPC and Section 109 BNSS Compared
| Issue | CrPC, 1973 | BNSS, 2023 |
|---|---|---|
| Relevant provision | Section 104 | Section 109 |
| Subject | Power to impound document or thing produced | Same subject |
| Authority | Any Court | Any Court |
| Nature of power | Discretionary | Discretionary |
| Applicable regime | Earlier Code, subject to saving provisions | Current criminal procedure framework from 1 July 2024 |
Which Provision Applies to Pending Cases?
The BNSS replaced the CrPC with effect from 1 July 2024. However, Section 531 BNSS contains repeal and saving provisions concerning pending appeals, applications, trials, inquiries and investigations. Whether Section 104 CrPC or Section 109 BNSS governs a particular procedural step depends on the proceeding and the operation of those savings.
A court's power to impound should not be confused with powers relating to passports or other materials governed by special legislation. The applicable special statute and binding judicial decisions must also be considered.
Practical Considerations
Where a party seeks impounding, the application should identify the document or object, explain when and how it was produced before the court, and set out why retention is necessary. A party seeking release may address the need for continued custody, preservation of evidence, availability of authenticated copies and any relevant rights of ownership or possession. The court determines the appropriate order on the facts and applicable law.
Frequently Asked Questions
What is Section 104 CrPC?
It was the provision empowering a court to impound a document or thing produced before it under the Code of Criminal Procedure, 1973.
What is the equivalent of Section 104 CrPC in BNSS?
Section 109 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Can a court automatically impound every document produced?
No. The statutory language gives the court discretion to decide whether impounding is appropriate.
Does impounding establish that a document is genuine?
No. Authenticity, proof and admissibility are separate legal questions.
Official Legal References
- BPR&D - Bharatiya Nagarik Suraksha Sanhita, 2023 (official reference PDF)
- BPR&D - New Criminal Laws and Gazette materials
- India Code - Central legislation database
Updated: 17 October 2026. This article provides general legal information. The application of statutory provisions depends on the facts and the applicable procedural regime.