A court summons a person under Section 94 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to produce a…
The court can issue a search warrant under Section 96(1)(a) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), if it has reason to believe the document will not be…
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A court summons a person under Section 94 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to produce a document. The person is legally bound to produce it but intentionally fails to do so, and the court has reason to believe it will not be produced. Which measures are legally available?
Answer and explanation
Correct answer D
The court can issue a search warrant under Section 96(1)(a) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), if it has reason to believe the document will not be produced. Section 210 of the Bharatiya Nyaya Sanhita, 2023, separately punishes intentional failure to produce a document or electronic record that a person is legally bound to produce. Taking cognizance of that offence requires the written complaint specified in Section 215(1)(a)(i) of the BNSS. For a summons requiring only production, Section 94(2) permits the person to comply by arranging production without attending personally. For a refusal without reasonable excuse after an opportunity to explain, Section 388 of the BNSS provides a separate procedure.
Option feedback
Option A
The court can issue a search warrant. Intentional non-production can also lead to prosecution if the written-complaint requirement is met.
Option B
The prosecution route is available on the required written complaint. The court can also issue a search warrant if the Section 96 conditions are met.
Option C
The facts support a search warrant under Section 96(1)(a) and a prosecution under Section 210 on the required written complaint.
Option D
A search warrant can secure the document. Prosecution addresses the intentional failure to comply and requires the specified written complaint.
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