CrPC Section 104
Detailed Explanation of CrPC Section 104
Section 104 of the Code of Criminal Procedure (CrPC), 1973 deals with the power of the court to impound any document or thing produced before it during the course of any inquiry, trial, or other proceeding.
Text of Section 104 (Simplified Summary):
"Any Court may, if it thinks fit, impound any document or thing produced before it during any inquiry, trial, or other proceeding under this Code."
Explanation:
What Does “Impound” Mean?
To impound a document or thing means to seize and retain it in the custody of the court.
This is done to ensure that the document or object is not tampered with, destroyed, or removed until the court decides otherwise.
Power of the Court:
The section gives the court discretionary power to impound any item or document that is brought before it during:
An inquiry (pre-trial examination of facts),
A trial (formal judicial examination of evidence),
Or any other proceeding under CrPC.
When Can the Court Use This Power?
The court can impound items:
If they are relevant to the case,
If there's a risk of tampering, loss, or destruction,
Or if they may be needed for further investigation or evidence.
The court must record reasons or act judiciously when exercising this power.
What Can Be Impounded?
Any document, such as agreements, letters, bank statements, identification papers, etc.
Any object or thing, like a weapon, digital device, or physical evidence presented during the case.
Safeguards:
While the court has wide discretion, this power must be used fairly and justly.
The party whose document or item is impounded has the right to seek return or access, subject to the court's approval.
Relation to Other Laws:
In case the document is a privileged or confidential document, courts have to consider other applicable laws, like the Indian Evidence Act, before impounding.
Also related to CrPC Sections 91 and 92 (regarding summons for documents and their inspection).
Practical Example:
During a trial for forgery, a disputed document is submitted as evidence. The court may impound it to ensure it remains unaltered.
In a financial fraud case, the court may impound bank passbooks or financial statements presented during proceedings.
Summary:
Section 104 CrPC empowers the court to impound any document or object produced during an inquiry, trial, or proceeding.
This is done to preserve the integrity of evidence and ensure fair trial proceedings.
The power is discretionary and must be exercised judiciously.
It applies to all types of courts handling criminal matters under the CrPC.
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