Power to impound document, etc., produced
Section 109 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with power to impound document, etc., produced. Any Court may, if it thinks fit, impound any document or thing produced before it under this Sanhita. The Act came into force on 01 Jul 2024.
Any Court may, if it thinks fit, impound any document or thing produced before it under this Sanhita.
Section 109, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 104 Power to impound document, etc., produced Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Bevara Srinivasa Rao vs The State of Ap.
Decided under Code of Criminal Procedure 104, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When a special statute (Passports Act) exists to regulate a specific subject matter (passports), courts cannot exercise general powers under the Code of Criminal Procedure (Section 104 CrPC) to impound that subject matter. The doctrine of generalia specialibus non derogant requires that specific statutory provisions override general procedural provisions. Therefore, courts lack authority to direct surrender of passports or impound passports as a bail condition, even when the investigating officer petitions for such direction under Section 93 CrPC.
On this section: General provision allowing courts to impound documents or things produced before them; distinguished from Passports Act
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 109
What have the courts held on Section 109 of the Bharatiya Nagarik Suraksha Sanhita?
Bevara Srinivasa Rao vs The State of Ap. (30 Oct 2013) is the leading judgment on this section among those set out below, though it was decided under CRPC 104, which this section replaced -- the court never mentioned this Act: General provision allowing courts to impound documents or things produced before them; distinguished from Passports Act.
How do I find court cases under Section 109 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 109, section 109 BNSS, section 109 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bnss 109(1) in hindi. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Bevara Srinivasa Rao vs The State of Ap. (30 Oct 2013).
What should I read with Section 109 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
It carries forward CrPC 104 (Power to impound document, etc., produced), so the judgments decided under that provision are the case law on this one.
When did Section 109 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 109 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 109, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.