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Section104
The Code of Criminal Procedure, 1973

Power to impound document, etc., produced

Repealed From 01 Apr 1974 Act 2 of 1974 As on 16 Oct 2026

Act 2 of 1974 Ministry Home Affairs Enacted 25 Jan 1974 In force 01 Apr 1974

This provision is repealed. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024. It is reproduced because conduct before that date is still charged, tried and appealed under it.

Section 104 of the Code of Criminal Procedure, 1973 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 Code. The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.

Any Court may, if it thinks fit, impound any document or thing produced before it under this Code.

Section 104, The Code of Criminal Procedure, 1973 (Act 2 of 1974).

Now in the Bharatiya Nagarik Suraksha Sanhita

BNSS 109 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 The repealed enactment still governs what happened while it was in force.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)

    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 104

What have the courts held on Section 104 of the Code of Criminal Procedure?

Bevara Srinivasa Rao vs The State of Ap. (30 Oct 2013) is the leading judgment on this section among those set out below: General provision allowing courts to impound documents or things produced before them; distinguished from Passports Act.

How do I find court cases under Section 104 of the Code of Criminal Procedure?

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: CRPC 104, section 104 CRPC, section 104 of the Code of Criminal Procedure. 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 104 of the Code of Criminal Procedure, and has it changed?

For anything done on or after 1 July 2024 the provision to read is BNSS 109 (Power to impound document, etc., produced), which replaced it; conduct before that date is still charged, tried and appealed under this section.

When did Section 104 of the Code of Criminal Procedure come into force?

Section 104 of the Code of Criminal Procedure, cited as CRPC 104, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.

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. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.