Summons to Produce document or other thing
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Summary
Courts or officers in charge of police stations can summon a person to attend and produce any document, electronic communication or other thing likely to contain digital evidence when needed for investigation, inquiry, trial or other proceeding. The person may comply by causing the item to be produced instead of appearing in person. This power does not override protections under the Evidence Act or the Bankers' Books Evidence Act, and it does not apply to items in the custody of the postal authority.
Example
Priya's neighbour reports a theft and police think her shop CCTV and phone messages may contain evidence. The station officer issues a written order requiring Priya to produce the footage and message logs; Priya emails the files instead of going to the station. Sending the files counts as compliance under this section.
Bare Act
Enacted text(1) Whenever any Court or any officer in charge of a police station considers that the production of any document, electronic communication, including communication devices, which is likely to contain digital evidence or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Sanhita by or before such Court or officer, such Court may issue a summons or such officer may, by a written order, either in physical form or in electronic form, require the person in whose possession or power such document or thing is believed to be, to attend and produce it, or to produce it, at the time and place stated in the summons or order.
(2) Any person required under this section merely to produce a document, or other thing shall be deemed to have complied with the requisition if he causes such document or thing to be produced instead of attending personally to produce the same.
(3) Nothing in this section shall be deemed-
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(a) to affect sections 129 and 130 of the Bharatiya Sakshya Adhiniyam, 2023 or the Bankers' Books Evidence Act, 1891; or
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(b) to apply to a letter, postcard, or other document or any parcel or thing in the custody of the postal authority.
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