Section109
The Bharatiya Nagarik Suraksha Sanhita, 2023

Power to impound document, etc., produced

In force From 01 Jul 2024 Act 46 of 2023 As on 15 Oct 2026

Act 46 of 2023 Ministry Home Affairs Enacted 25 Dec 2023 In force 01 Jul 2024

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 The repealed enactment still governs what happened while it was in force.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.

  1. Bevara Srinivasa Rao vs The State of Ap.

    High Court 30 Oct 2013 Persuasive (Other High Court)

    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

    Read the full order on eCourts India

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

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.