Section 92 CrPC: Procedure as to Letters and Telegrams - Section 95 BNSS
Section 92 of the Code of Criminal Procedure, 1973 prescribed how courts and designated officials could obtain documents, parcels and other articles held by postal or telegraph authorities for criminal proceedings. Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 95, Procedure as to letters.
Section 92 CrPC - Statutory provision
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).
Section 95 BNSS - Present law
Section 95 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is titled Procedure as to letters. It retains the two-stage arrangement for delivery and interim detention of articles held by a postal authority. The new provision removes references to telegraph authorities.
Section 95(1): If a document, parcel or thing in the custody of a postal authority is wanted for an investigation, inquiry, trial or other proceeding under the BNSS, the District Magistrate, Chief Judicial Magistrate, Court of Session or High Court may require the postal authority to deliver it to a person directed by that authority.
Section 95(2): Another Executive or Judicial Magistrate, Commissioner of Police or District Superintendent of Police may require the postal authority to search for and detain the relevant article pending an order from an authority empowered under sub-section (1).
For the authoritative wording, consult the BNSS text and explanatory handbook hosted by the Bureau of Police Research and Development and the India Code legislative portal.
Who can require delivery or detention?
| Authority | Power under the provision |
|---|---|
| District Magistrate, Chief Judicial Magistrate, Court of Session or High Court | May require delivery of the relevant document, parcel or thing to a specified person. |
| Other Executive or Judicial Magistrate, Commissioner of Police or District Superintendent of Police | May require search and temporary detention pending an order from the competent authority under sub-section (1). |
Meaning and application
What is meant by a document, parcel or thing?
The expression covers material held by the postal authority that may be required in a criminal investigation or court proceeding. The statutory language is not limited to the contents of a letter; it also expressly mentions parcels and other things in custody.
What is the distinction between delivery and detention?
Delivery means the postal authority is directed to hand over the identified item to a person designated by a competent Magistrate or Court. Detention is an interim step intended to preserve the item while an appropriate order for delivery is considered. A request for detention under sub-section (2) is not itself the final delivery order contemplated by sub-section (1).
When may the provision be invoked?
The material must be wanted for an investigation, inquiry, trial or another proceeding under the relevant criminal procedure law. The official exercising the power must fall within the category authorized by the relevant sub-section.
Section 92 CrPC and Section 95 BNSS - Key differences
| Issue | CrPC Section 92 | BNSS Section 95 |
|---|---|---|
| Heading | Procedure as to letters and telegrams | Procedure as to letters |
| Custodian | Postal or telegraph authority | Postal authority |
| Delivery authority | Specified Magistrates and superior courts | Same categories of authorities |
| Interim detention | Permitted pending an appropriate order | Retained for postal articles |
Related legal provisions
Section 91 CrPC, corresponding to Section 94 BNSS, concerns summons or orders for production of documents or other things generally. Section 92 CrPC and Section 95 BNSS specifically address items in the custody of the relevant postal authority. Section 93 CrPC, corresponding to Section 96 BNSS, addresses circumstances in which a search warrant may be issued. These are separate powers with distinct conditions.
Frequently asked questions
What is the BNSS equivalent of Section 92 CrPC?
Section 95 of the Bharatiya Nagarik Suraksha Sanhita, 2023, titled "Procedure as to letters".
Can the police directly obtain delivery of a postal parcel under Section 95 BNSS?
The provision distinguishes detention from delivery. The specified senior police officers may require search and detention under sub-section (2), while a delivery direction under sub-section (1) must come from the competent Magistrate or Court.
Does Section 95 BNSS still refer to telegrams?
No. The new provision removes references to telegrams and telegraph authorities.
Does Section 92 CrPC still matter after 1 July 2024?
Yes, where the CrPC continues to govern proceedings under the savings in Section 531 BNSS. Applicability must be assessed in the context of the specific case.
Official legal resources
- India Code - Central legislation and official Act texts
- Bureau of Police Research and Development - BNSS handbook and text
- Government-hosted BNSS text and corresponding-section reference
Note: This article provides general legal information. For a particular investigation or case, consult the applicable statutory text, procedural orders and qualified legal counsel.