CrPC Section 215
Section 215 of the Criminal Procedure Code (CrPC), 1973 – Power of Magistrate to Impound or Retain Documents
Text of the Section:
(1) When any document or electronic record is produced or given to a Magistrate or any public servant in the course of any proceeding before him, the Magistrate or public servant may, if he considers it necessary for the purpose of any investigation or inquiry, order that such document or electronic record be impounded or retained.
(2) The Magistrate or public servant shall return the document or electronic record to the person from whom it was taken as soon as it is no longer necessary to keep it.
Detailed Explanation:
1. Introduction:
Section 215 CrPC authorizes a Magistrate or a public servant to impound or retain documents or electronic records produced during any proceeding or investigation if it is necessary for investigation or inquiry.
2. Purpose:
To enable authorities to secure important evidence during investigation or legal proceedings.
To prevent tampering, destruction, or loss of critical documents or electronic data.
To aid the fair administration of justice by ensuring all relevant materials are preserved.
3. When It Applies:
When documents or electronic records are produced during any judicial proceeding, investigation, or inquiry.
If the Magistrate or public servant considers the document essential for further inquiry or investigation.
4. Powers Granted:
Authority to take custody of documents or electronic records.
To impound or retain them for as long as necessary.
To ensure the material is safe and available for reference.
5. Return of Documents:
Once the document or electronic record is no longer needed for investigation or inquiry, it must be returned to the person from whom it was taken.
This provision safeguards the rights of individuals against permanent seizure without justification.
6. Related Provisions:
Section 91 CrPC: Power to issue summons for documents or things.
Section 100 CrPC: Search and seizure procedures.
Indian Evidence Act: Rules on evidence and admissibility.
7. Judicial Interpretation:
Courts have upheld the right of Magistrates to impound documents to ensure a fair trial.
However, impounding must be justified, necessary, and not arbitrary.
The return of documents must be timely to protect property rights.
Conclusion:
Section 215 of the CrPC empowers Magistrates and public servants to impound or retain documents or electronic records produced during proceedings, as necessary for investigation or inquiry. It balances the need for securing evidence with the rights of individuals by mandating return of such materials when no longer required.
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