Section 94 of the Bharatiya Nagarik Suraksha Sanhita, 2023 enables the Court or the Officer Incharge of…
The accused has no unrestricted right to introduce defence documents at the charge stage. However, Nitya Dharmananda, decided under section 91 CrPC (now Section 94 BNSS),…
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Section 94 of the Bharatiya Nagarik Suraksha Sanhita, 2023 enables the Court or the Officer Incharge of a Police Station to summon such document or other thing necessary or desirable for the purposes of any investigation, inquiry, trial or other proceedings. This provision also enables the accused to move an application for production or preservation of documents so as to assist him in his defence at the time of consideration of charge against him or recording of statement under Section 351 of the BNSS.
Answer and explanation
Correct answer B
The accused has no unrestricted right to introduce defence documents at the charge stage. However, Nitya Dharmananda, decided under section 91 CrPC (now Section 94 BNSS), recognises that the court may summon material withheld by the investigator when satisfied that it has a crucial bearing on framing the charge. The court’s own assessment of that exceptional material is therefore essential.
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