Process to Compel Production of Things — Search Warrant (ss.94–110 BNSS) — BNSS (Criminal Law II) Notes

Process to Compel Production of Things — Search Warrant (ss.94–110 BNSS)

Sometimes the court needs a thing, not a person — a document, a stolen article, a forged deed. It can ask politely (a summons to produce) or force the issue (a search warrant). Because a search invades privacy, the BNSS now insists the whole operation be videographed.

Summons to produce a document or thing (s.94 [s.91 CrPC]). A court or officer in charge may issue a summons/written order requiring the person in possession to produce a document or thing needed for an investigation or trial (but not to a bank/postal authority without special provision, and not to compel an accused to produce self-incriminating material).
Search warrant (ss.96–98 [ss.93–95 CrPC]). A court may issue a search warrant where a person will not produce the thing, where the thing is not known to be in any particular person’s possession, or for a general search. It may also order search for wrongfully confined persons, stolen property, forged documents, and obscene material.
General search / procedure (ss.103–110 [ss.100–105 CrPC]). A search must be conducted in the presence of two independent witnesses, a list of things seized prepared, and — under the BNSS — the search and seizure recorded by audio-video (mobile phone) and forwarded to the Magistrate.

🧩 WORKED EXAMPLE — the un-witnessed search

Facts. Police search a house and seize documents without independent witnesses and without recording it.

Rule. Sections 103–105 require two independent witnesses and, under the BNSS, audio-video recording of the search and seizure.

Apply. The omission weakens the evidentiary value of the seizure and exposes the search to challenge.

Conclusion. The seizure is procedurally defective; the safeguards on searches are mandatory.

Section 94(1) BNSS: “Whenever any Court or any officer in charge of a police station considers that the production of any document, electronic communication… or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Sanhita… [it] may issue a summons… to produce it.”

In Simple Terms: A court or the police can order anyone holding a needed document or thing (including electronic records) to produce it.

flowchart TD
    ROOT["Compel production of things"]:::root
    ROOT --> A["Summons to produce s.94"]:::leaf
    ROOT --> B["Search warrant ss.96-98"]:::leaf
    B --> C["General search & procedure ss.103-110<br/>2 witnesses + audio-video recording"]:::leaf
    classDef root fill:#FFF8DC,stroke:#000,stroke-width:1px,color:#000;
    classDef leaf fill:#E6F3FF,stroke:#1E3A8A,color:#000;
    linkStyle default stroke:#888,stroke-width:1px;

Case Laws

State of Gujarat v. Shyamlal Mohanlal Choksi (1965) — s.94 (s.91 CrPC) cannot be used to compel an accused to produce self-incriminating documents (Art. 20(3)).
V.S. Kuttan Pillai v. Ramakrishnan (1980) — a search of premises does not by itself violate the protection against self-incrimination.

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