Section 109 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 109 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, grants courts the authority to impound documents or items presented before them during legal proceedings
๐ Text of Section 109
Section 109 โ Power to impound document, etc., produced
Any Court may, if it thinks fit, impound any document or thing produced before it under this Sanhita
โ๏ธ Legal Significance
This provision empowers courts to take custody of documents or items presented during proceedings if deemed necessary. The discretion allows courts to prevent potential tampering, destruction, or misuse of evidence, ensuring the integrity of the legal process
๐ Equivalent Provision in the Code of Criminal Procedure (Cr.P.C.)
Section 109 of the BNSS aligns with Section 104 of the Code of Criminal Procedure (Cr.P.C.), which also grants courts the power to impound documents or items produced before them. This consistency ensures a unified approach in handling evidence across different legal frameworks.
๐งพ Practical Applications
Forgery Cases: If a forged document is presented as evidence, the court may impound it to prevent its further use and to facilitate forensic examination.
Sensitive Materials: In cases involving sensitive information, such as national security matters, the court may impound documents to protect confidentiality.
Preservation of Evidence: To ensure that documents or items are preserved in their original state for future reference or appeal processes.
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