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Q117 (CISF/2025) Polity & Governance › Judiciary

Which court has the power to impound documents under Section 109 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ?

Explanation

Section 109 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, governs the power to impound documents or things. The section explicitly states: "Any Court may, if it thinks fit, impound any document or thing produced before it under this Sanhita." This provision is a verbatim adoption of Section 104 of the now-repealed Code of Criminal Procedure (CrPC), 1973.

The authority to impound is not restricted to higher judiciary like the High Court, nor is it limited by district boundaries. Instead, the power is vested in any court (ranging from Magistrate courts to the Supreme Court) provided that the document or thing in question has been produced before that specific court during the course of legal proceedings. The court exercises this discretionary power to ensure that evidence remains in judicial custody for the purpose of an inquiry or trial. Thus, option A is the correct answer.

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