Section 109 BNSS: Power to Impound Document or Thing Produced
Section 109 of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers a Court, if it considers it appropriate, to impound any document or thing that has been produced before it under the Sanhita. The provision gives the Court control over material produced in judicial proceedings where retaining that material is considered necessary.
Meaning of Section 109 BNSS
Section 109 gives a Court a discretionary power to retain, or impound, a document or other thing that has been produced before it under the BNSS. The provision is not automatic. The words "if it thinks fit" indicate that the Court must decide whether impounding is appropriate in the circumstances of the proceeding.
The power applies to a "document or thing" produced before the Court. It therefore extends beyond written documents and can cover other material objects that are properly brought before the Court under the Sanhita.
What Does "Impound" Mean?
In this context, to impound means to take and retain custody or control of a document or thing under the authority of the Court instead of immediately returning or releasing it. Section 109 supplies the statutory authority for such retention where the material has been produced before the Court under the BNSS.
Essential Requirements Under Section 109
- The power is exercisable by a Court.
- A document or other thing must have been produced before that Court.
- The production must be under the Bharatiya Nagarik Suraksha Sanhita, 2023.
- The Court must consider it fit to impound the document or thing.
- The section creates a discretionary power and does not require every document or object produced before a Court to be impounded.
Scope of the Court's Discretion
The expression "may, if it thinks fit" shows that Section 109 does not compel the Court to retain every item produced before it. The power must be exercised judicially and in connection with the proceeding in which the document or thing has been produced. The section itself is concise and does not prescribe a separate detailed procedure for custody, return or disposal; other applicable provisions and judicial directions may therefore remain relevant depending on the nature of the material and proceeding.
Difference Between Production, Seizure and Impounding
Production refers to bringing a document or thing before a Court in accordance with legal process. Seizure generally concerns taking possession of property under statutory authority. Impounding under Section 109 concerns the Court's decision to retain a document or thing after it has been produced before the Court under the BNSS.
Related BNSS Provisions
Section 109 follows a group of provisions dealing with search, seizure and property. Readers may also refer to Section 105 on recording of search and seizure through audio-video electronic means, Section 106 on the power of a police officer to seize certain property, Section 107 on attachment, forfeiture or restoration of property, and Section 108 on a Magistrate directing a search in his presence.
Corresponding Provision Under the Code of Criminal Procedure, 1973
Section 109 BNSS substantially carries forward the rule previously contained in Section 104 of the Code of Criminal Procedure, 1973, which also empowered a Court, if it thought fit, to impound a document or thing produced before it.
Practical Legal Effect
The practical effect of Section 109 is that material produced before a Court can remain under judicial control when the Court considers retention appropriate. This can help preserve material relevant to the proceeding and prevent its premature release, alteration or loss, subject to the Court's judicial discretion and the other applicable provisions of law.
Official Legal Sources
For the authoritative statutory text and official government material, readers may consult India Code - Bharatiya Nagarik Suraksha Sanhita, 2023 and the Ministry of Home Affairs - New Criminal Laws.
Last reviewed: 10 September 2026.