Section 91 CrPC: Summons to Produce Documents and Section 94 BNSS
Section 91 of the Code of Criminal Procedure, 1973 (CrPC) empowered a court or the officer in charge of a police station to require the production of documents or other things needed for criminal proceedings. Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is Section 94, which expressly addresses electronic communications and devices likely to contain digital evidence.
Text of Section 91 CrPC - Summons to produce document or other thing
(1) Whenever any Court or any officer in charge of a police station considers that the production of any document or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Code by or before such Court or officer, such Court may issue a summons, or such officer a written order, to the person in whose possession or power such document or thing is believed to be, requiring him 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 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872), or the Bankers' Books Evidence Act, 1891 (13 of 1891), or
(b) to apply to a letter, postcard, telegram or other document or any parcel or thing in the custody of the postal or telegraph authority.
Section 94 BNSS - The corresponding current provision
Section 94 of the BNSS retains the power to obtain material needed for an investigation, inquiry, trial or other proceeding. It expressly includes electronic communication and communication devices likely to contain digital evidence. A court may issue a summons, while the officer in charge of a police station may issue a written order in physical or electronic form.
Under Section 94(2), where the requirement is only to produce an item, the recipient may arrange for its production without attending personally. Section 94(3) preserves protections under Sections 129 and 130 of the Bharatiya Sakshya Adhiniyam, 2023, and the Bankers' Books Evidence Act, 1891, and excludes items in the custody of the postal authority from this provision.
Read the official statutory text in the India Code legislative database or the National Crime Records Bureau BNSS chapter text.
Meaning and essential requirements
- Competent authority: A court or the officer in charge of a police station exercises the power described in the section.
- Purpose: Production must be considered necessary or desirable for a specified investigation, inquiry, trial or other proceeding.
- Possession or power: The order is directed to someone believed to possess or control the requested material.
- Specified production: The summons or order identifies when and where the material must be produced.
- Personal attendance: Attendance is not necessarily required where the person is asked merely to produce the item.
Section 91 CrPC and Section 94 BNSS: Key changes
| Issue | Section 91 CrPC | Section 94 BNSS |
|---|---|---|
| Production power | Documents or other things | Documents, electronic communications, relevant communication devices and other things |
| Police order | Written order | Written order, in physical or electronic form |
| Production without attendance | Permitted under subsection (2) | Retained under subsection (2) |
| Protected official information | Indian Evidence Act, Sections 123 and 124 | Bharatiya Sakshya Adhiniyam, Sections 129 and 130 |
| Postal items | Excluded under subsection (3)(b) | Postal-authority items remain excluded |
How the provision works in practice
A court may require the production of relevant records during an inquiry or trial. During an investigation, the officer in charge of a police station may issue a written order for relevant documents or electronic material. For example, a request may concern transaction records, CCTV recordings or business correspondence where the statutory requirements are met.
The power to demand production does not itself decide whether the material is admissible at trial. Questions of relevance, privilege, authenticity, electronic evidence and procedural fairness must be considered under the applicable law.
Legal safeguards and limitations
Official records and privilege
Sections 129 and 130 of the Bharatiya Sakshya Adhiniyam concern evidence relating to affairs of State and official communications. Section 94 BNSS does not displace those protections. The Bankers' Books Evidence Act, 1891 also remains expressly protected.
Postal custody
Section 94(3)(b) excludes documents or articles in the custody of the postal authority. The BNSS contains a separate procedure in Section 95 for specified postal items.
Objections and constitutional protections
A recipient may seek appropriate legal relief where a demand is beyond statutory authority, excessively broad or otherwise unlawful. Constitutional protections, including the protection against compelled self-incrimination where applicable, must be respected. The precise remedy depends on the facts and procedural stage.
Frequently asked questions
What is Section 91 CrPC called under the BNSS?
Its corresponding provision is Section 94 BNSS, titled "Summons to produce document or other thing."
Can the police require electronic evidence?
Yes. Section 94 BNSS expressly refers to electronic communications and communication devices likely to contain digital evidence, subject to applicable legal safeguards.
Must the recipient attend personally?
Not always. Under subsection (2), a person required merely to produce material can comply by causing it to be produced.
Does a production summons automatically permit a search?
No. A summons or production order is distinct from a search warrant. Searches require their own statutory authority and procedural compliance.
Official legal references
- India Code - official central legislation repository (search for the Code of Criminal Procedure, 1973 and the Bharatiya Nagarik Suraksha Sanhita, 2023).
- NCRB - BNSS chapter-wise statutory text, Chapter VII, Section 94.
- Bureau of Police Research and Development - BNSS reference PDF.
This article is for general legal information. Application of transitional rules, privileges and evidentiary requirements depends on the circumstances of each case.