Introduction to Section 109 BNSS / Power of Courts to Impound Documents in Criminal Cases
Section 109 BNSS is part of the Bharatiya Nagarik Suraksha Sanhita, 2023, which replaces certain sections of the old Code of Criminal Procedure (CrPC). This section gives the court the authority to impound (take and keep safely) any document or object that is brought before it during a case. It is an important safeguard to protect evidence and ensure justice.
What is BNSS Section 109 ?
BNSS Section 109 gives authority to the Court to keep or hold back any document or thing that is presented during a trial or legal proceeding. This can be done if the Court believes that keeping the document or object is necessary for justice. This is usually to make sure that important evidence is not lost, tampered with, or misused during an investigation or trial.
BNSS Section of 109 in Simple Points
1. Court Can Take Custody of Any Document or Object
This section allows any court to take control of documents or objects presented during a case if the court feels it is necessary. For example, if someone brings a land paper or a mobile phone in court as evidence, and the court thinks it may be tampered with, it can keep that item safely under court custody. This helps ensure that no one changes or destroys the evidence during the trial.
2. Applies to All Types of Courts
Whether it is a lower court or a higher court, all courts have this power under Section 109. This means from a Magistrate Court to a Sessions Court, any judicial body can use this power when needed. It ensures that important documents are protected at every level of the judicial system and justice is not delayed or denied.
3. No Separate Order or Warrant Needed
The court does not need any special permission or warrant to impound a document or thing under this section. If something is brought before the court during a hearing or trial, and the judge believes it needs to be protected, they can impound it immediately. This helps in quick decision-making and protects the integrity of evidence.
4. Important for Fair Trial and Evidence Safety
One of the main goals of this section is to make sure that the trial remains fair. If important documents like contracts, mobile phones, or videos are at risk of being lost or changed, the court steps in to protect them. This ensures that all parties get a fair chance and the real truth comes out during the trial.
5. Helps Stop Evidence Tampering or Misuse
Sometimes, people try to change or destroy evidence to win a case unfairly. With the power given under Section 109, the court can stop such misuse by taking control of the documents or items. Once impounded, the item cannot be returned without the court’s permission, which keeps the evidence safe and ensures justice.
Section 109 of BNSS Overview
BNSS Section 109 allows any court to impound documents or items presented before it during any legal proceeding. This power helps prevent evidence tampering and secures important materials needed for fair judgment. The court can do this without requiring a separate warrant. It plays a key role in maintaining the integrity of the judicial process.
1. Authority of the Court
BNSS Section 109 gives the court legal authority to impound any document or object that is submitted as part of a case. This means the court doesn’t need permission from any other agency or authority to take control of the evidence. This power ensures that important materials remain safe and cannot be tampered with or removed until the trial is over.
2. Applies to Any Court in India
This section clearly states that “any court” can use this power. Whether it’s a Magistrate’s Court, Sessions Court, or a Special Court, all courts dealing with matters under BNSS are allowed to impound documents or items. This ensures that courts at all levels are equally empowered to protect critical evidence.
3. No Need for a Separate Warrant
Unlike police officers, who often need a warrant to seize items, courts do not need a separate search or seizure warrant under this section. If the court believes that impounding an item is necessary to protect the integrity of the case, it can do so immediately and legally.
4. Protecting the Integrity of Evidence
The main reason behind this section is to prevent evidence from being lost, changed, or destroyed. For example, if there’s a suspicion that a document might be forged or tampered with, the court can impound it and store it securely until experts examine it. This ensures a fair trial for all parties involved.
5. Used During Ongoing Trials or Proceedings
BNSS Section 109 is not limited to the early stages of investigation. The court may exercise this power at any stage of the case—whether during a bail hearing, evidence collection, witness testimony, or final arguments. This flexibility helps in maintaining the authenticity of presented materials.
6. Applies to Both Physical and Digital Items
In modern times, courts often deal with digital evidence such as pen drives, hard drives, mobile phones, and emails. Section 109 can be applied to impound these digital items too, as long as they are submitted in court and have relevance to the case. This ensures the law remains relevant in the digital era.
7. No Automatic Return of Documents
Once an item is impounded by the court, it cannot be taken back without permission. The person or party who submitted the item must wait for the court’s order to release it. This helps avoid misuse or illegal recovery of evidence during an active case.
8. Can Be Challenged in Higher Courts
Although the court has the right to impound items, this order is not final. If a person believes the impounding was unfair or unnecessary, they have the right to appeal to a higher court. This provides a balance between the court’s power and a citizen’s rights.
9. Supports Transparency in Investigation
When courts impound documents or items, the action is usually recorded and reasoned, which adds transparency to the investigation and court process. This avoids behind-the-scenes evidence manipulation and keeps the case fair for all involved parties.
10. Helps Maintain the Rule of Law
By impounding documents when needed, courts help in maintaining the rule of law and ensuring justice is not compromised. Whether it’s a land document in a fraud case or a threatening letter in a criminal case, keeping these items safe supports the larger goal of justice delivery in India.
Example 1:
In a cheating case, a contract is submitted by one party. The Court suspects forgery and immediately impounds the contract to stop any changes being made. It will be checked by handwriting or document experts later.
Example 2:
In a bribery case, the accused submits a pen drive containing recorded audio. The Court, fearing deletion or tampering, impounds the pen drive and keeps it safe until the case is heard completely.
Section 109 of BNSS Short Information
| Key Point | Description |
|---|---|
| Court Can Keep Documents or Items | The Court can take and keep any document or thing brought before it if it feels it is needed for justice or safety of evidence. |
| Applies to All Courts | This power is available to all courts, from Magistrate courts to higher courts, to protect evidence during trials or hearings. |
| No Special Warrant Needed | The court can impound an item directly without needing a separate order or warrant, ensuring quick protection of evidence. |
| Prevents Evidence Tampering | By impounding documents or things, the court prevents anyone from changing, destroying, or hiding important evidence. |
| Covers Physical and Digital Evidence | This rule applies to both physical items like papers or phones and digital evidence such as pen drives or emails. |
| Ensures Fair and Honest Trial | Keeping evidence safe helps the court ensure that the trial is fair and that justice is served for both parties. |
BNSS Section 109 FAQs
BNSS 109
Conclusion
BNSS Section 109 is a vital safeguard in criminal proceedings. It empowers courts to impound any document or object presented during a case to protect evidence and ensure justice. This power helps prevent tampering, loss, or misuse of materials and applies to all courts in India. By securing both physical and digital evidence, Section 109 promotes transparency, fairness, and trust in the judicial process, ensuring that justice is based on truth and integrity.
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