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A court has reason to believe that the recipient of a summons under section 94 of the Bharatiya Nagarik…

Section 96(1)(a) gives the court a search-warrant power when it has reason to believe that the recipient of a section 94 summons will not produce the item. Section 97 gives…

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A court has reason to believe that the recipient of a summons under section 94 of the Bharatiya Nagarik Suraksha Sanhita, 2023, will not produce the requested document. Under which provision may the court issue a search warrant on that ground?

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Correct answer B

Section 96(1)(a) gives the court a search-warrant power when it has reason to believe that the recipient of a section 94 summons will not produce the item. Section 97 gives a distinct warrant power on different facts.

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Option A

Section 95 concerns documents, parcels or things in the custody of the postal authority. The stated ground is expected non-compliance with a section 94 summons.

Option B

Section 96(1)(a) allows a search warrant when the court has reason to believe that a person to whom a section 94 summons or order has been or might be addressed will not produce the item.

Option C

Section 97 deals with places believed to be used for stolen property or specified objectionable articles. No such use is stated.

Option D

Section 99 provides for applying to the High Court to set aside a declaration of forfeiture.

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