Search Warrant BNSS 2023 And Production of Documents CRPC

Warrant to Witnesses

From what we have read above, we see that the general rule in the process to compel appearance of a person is summons for witnesses and summons, then warrant, and then proclamation and attachment in cases of accused being called to the court. Warrants are not usually required for witnesses.

Section 90 talks about when warrants can be issued either simultaneously or in alternative to summons for the appearance of any person. It talks about two cases when the Court which is empowered to issue summons, can issue a warrant instead or with the summons. But since a warrant for arrest is a more stringent act, the court shall always record its reasons in writing for doing so.

The Three Circumstances in Which the Court Can Exercise This Power Is:-

1. When the court while issuing summons believes that the person has absconded or will not obey the summons.
2. When the court in between issuing summons and the date of the appearance of that person believes that the person has absconded or will not obey the summons
3. When the court after the date of summons has passed believes that the person was duly served and has no reasonable excuse for his absence.

Other Powers to Ensure Appearance of the Person

Section 91 and 92 talk about the procedure to ensure the appearance of a person who is present at that time in the court on a future date.

Section 91, ‘Power to take bond or bail bond for appearance’, corresponding to Section 88 of Cr.P.C.. It says that when a person for whose appearance the court would issue a summon or a warrant, and that person is actually present in the court, the court instead of issuing a warrant or summons, may require him to execute a bail or a bail bond for his appearance on the court.

Section 92, ‘Arrest on breach of bail bond for appearance’ corresponds to Section 89 of the Cr.P.C.. It says that if the person after executing a bond for his appearance fails to appear, section 92 empowers the court to issue a warrant for the arrest and production of that person.

Section 93 BNSS corresponding to Section 90 Cr.P.C. says that the provisions relating to summons and warrant regarding service and execution shall apply to all summons and warrants issued under BNSS.

Chapter Vii - Process to Compel the Production of Things (S.94 - S.110)

Documents and other relevant materials for investigation should be available to the agencies conducting the proper proceedings of inquiry, investigation and trial. For that purpose, the sanhita provides for summons to produce things. If this fails, or circumstances demand so, there are also provisions for warrants and other coercive methods to obtain relevant materials. Apart from that, this chapter also deals with obtaining evidence and other materials from areas outside the jurisdiction of the court and from foreign states.

Section 94 of BNSS, corresponding to Section 91 of Cr.P.C., talks about the circumstances in which a police officer or a court may issue summons for the production of any document or a thing necessary for investigation, inquiry or trial or other proceeding under this sanhita.

Who Can Ask

The documents or things can be requested to be produced either at the request of the court or any officer in charge of a police station.

How to Produce

The court shall issue a summon for the production of any document. Even the accused can ask for such production through an application to the court after framing of the charges. (for eg. document of prosecution for preparation of defense) The officer in charge of the police station shall ask the person in whose possession the document or thing may be to produce that thing, or to attend and produce that thing through a written order.

Section 94(2) tells us that if any person is required to attend to only produce a document, he can do so by getting that document produced instead of personally attending to produce it.

To Produce What

The things that can be required to be produced are documents, electronic communication including communication devices and other material objects that may be important for the proceedings. It means a physical object and not intangible objects. Case diary, and records in possession of prosecution have been ruled to come under things.

Section 94(3) tells us that there are two exceptions to this rule.

1. Any evidence as to the unpublished records of affairs of the state and confidential official communications which can affect public interests (Section 129 and 130 of the BSA) need not be produced under Section 94.
2. This section also does not apply to letters, postcards or other documents or parcels or things (telegraph has been removed in BNSS). These documents and things which are under the custody of postal authority are covered under Section 95.

Not following the summons to produce documents under this section will lead to penal consequences under Section 388 of the BNSS. (Imprisonment or committal of person refusing to answer or produce documents)

Section 95: Procedure as to Letters

This section corresponding to Section 92 of the Cr.P.C., is to be read as a whole with Section 94 of BNSS. This section empowers investigating officers to direct the production of documents, parcels or things under the custody of postal authorities. That document, parcel or thing must be under the control of postal authority when the order was made.

Under Section 95(1)

If in the opinion of the District Magistrate, Chief Judicial Magistrate, Court of session or High Court a thing in the custody of postal authority is needed, it will direct the postal authority to deliver such a thing to a person. This person is usually nominated by the magistrate or the court.

Under Section 95(2), if any other magistrate, executive or judicial or a commissioner or a depust superintendent of police feels that he needs certain things from the postal authority for investigation or inquiry, he can order the search and detention of such objects by directing the postal authority. This order of detention will be subject to further orders for delivery from either of the authorities mentioned in Section 95(1).

Search Warrants

Definition

A search-warrant is a written authority given to a police officer or other person by a competent magistrate or a court for the search of any place either generally or for specific things or for persons wrongfully detained. It is a coercive method generally used after the court has used summons without effect.

Search Warrants Issued When

Search warrants are issued in six circumstances under this code. They are:-

1. Section 96(1)(a) - When a person who has possession of documents refuses to deliver it after being served with summons under Section 94 or 95.
2. Section 96(1)(b) - When a document is important for any stage of the proceedings but the court is unaware of who has the possession of the document.
3. Section 96(1)(c) - When the court considers that the document will be found only after a general search and inspection
4. Section 97(1) - When the authorities have reason to believe that a place is being used for deposit or sale of stolen property or objectionable articles
5. Section 98(1) - When there is a need to search a place for forfeited books or documents or their copies
6. Section 100 - When the authorities have cause to believe that someone is imprisoned in a way that their detention constitutes an offence.

 

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