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Section 94 BNSS Cannot Be Invoked by Accused Alone - The provision is primarily intended for use by courts or police officers during investigation, not directly by accused persons at pre-charge stages. The court clarified that accused cannot unilaterally invoke Section 94 to access evidence such as CCTV footage, which may be deleted over time without proper protection. Instead, applications under Section 94 should be treated under Section 95 of BNSS, emphasizing its procedural limitations. ARBAZ Vs. STATE OF RAJASTHAN - Rajasthan, OMANA vs KERALA STATE FINANCIAL ENTERPRISES LIMITED (KSFE) - 2023 Supreme(Online)(Ker) 55659, MANGAL SINGH vs STATE (NCT OF DELHI) - Delhi
Section 94 BNSS Is Limited to Court or Police Officer Use - Courts have held that notices under Section 94/179 BNSS are meant to be issued to witnesses, not accused persons. The issuance of such notices to accused individuals is generally unsustainable unless specifically authorized, reflecting that the section is not a tool for accused persons to obtain evidence directly. Bindi Sudhama Prithviraj Goud vs The State of Telangana - Telangana, SANJU S/O. SHEKHAPPA DASNAYAKAR vs THE STATE OF KARNATAKA - Karnataka
Bail and Default Provisions Under BNSS - Several cases demonstrate that accused persons in criminal cases (e.g., Crime No.94/2025) are entitled to seek bail under Section 483 of BNSS. Courts also emphasize that if an accused absents themselves without sufficient cause, proceedings may be initiated against them under Section 269 of BNSS, and default can be treated as abuse of liberty. Proper court appearances are mandated for trial progression. MUKESH BHAGAT vs STATE OF CHHATTISGARH - Chhattisgarh, RAMKHILAWAN vs STATE OF CHHATTISGARH - Chhattisgarh, Navin Pathak alias Naveen Pathak vs State of Punjab - Punjab and Haryana, Vivek Mishra vs State Of Chhattisgarh - Chhattisgarh
Protection of Evidence and Investigation Procedures - Courts have emphasized the importance of safeguarding evidence, such as CCTV footage and location data, which are crucial during investigation. Orders have been set aside or modified to ensure such evidence is preserved, especially when applications are filed at pre-charge stages. This underscores procedural safeguards to prevent evidence loss. ARBAZ Vs. STATE OF RAJASTHAN - Rajasthan, OMANA vs KERALA STATE FINANCIAL ENTERPRISES LIMITED (KSFE) - 2023 Supreme(Online)(Ker) 55659, MANGAL SINGH vs STATE (NCT OF DELHI) - Delhi
Legal Limitations on Pre-charge Applications - The Supreme Court and High Courts have clarified that applications under Section 94 BNSS at pre-charge stages are generally not entertainable unless explicitly permitted, and such applications are to be considered only within the scope defined by case law. This prevents misuse of the section for fishing expeditions. ARBAZ Vs. STATE OF RAJASTHAN - Rajasthan, OMANA vs KERALA STATE FINANCIAL ENTERPRISES LIMITED (KSFE) - 2023 Supreme(Online)(Ker) 55659
Appeals and Victim Rights - Victims or complainants have rights to appeal or file special leave petitions, but their standing depends on their role in the case. For instance, victims cannot appeal as accused but can seek remedies through appeals if they are complainants, with deadlines specified for filing such appeals. SANTENDRA SONI vs JITENDRA CHOUDHARY - Madhya Pradesh

Analysis and Conclusion

The sources collectively establish that Section 94 of BNSS is designed for use by courts or police officers during investigation, not directly by accused persons. Accused individuals seeking evidence access, such as CCTV footage, must do so through appropriate procedural channels, and their applications are often treated under Section 95 or dismissed at pre-charge stages. Courts are cautious to prevent misuse of Section 94, emphasizing the need to preserve evidence and uphold procedural safeguards. Bail provisions and default proceedings under BNSS follow standard legal principles, with courts ensuring accused persons' rights to appear and defend. Overall, the legal framework limits the scope of Section 94 BNSS primarily to investigative authorities, reinforcing the importance of procedural correctness and evidence preservation.

Section 94 BNSS: Accused Rights in Absence - Key Recent Cases

In the evolving landscape of Indian criminal procedure under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), questions about the accused's rights, particularly opportunities to be heard under Section 94 BNSS, have gained prominence. A common query from legal practitioners and individuals involved in cases is: Any Recent Case Laws Regarding 223 of Bnss Regarding Opportunities to the Accused to Hear? (Note: This appears to reference Section 94 BNSS, akin to provisions for summoning documents or persons, often linked to proceedings in the accused's absence.) Recent judgments clarify when courts can proceed under Section 94 BNSS without the accused's physical presence, emphasizing voluntary surrender, judicial scrutiny for non-bailable warrants (NBWs), and safeguards against misuse. This post delves into these rulings, providing clarity for better navigation of BNSS procedures.

Disclaimer: This article offers general information based on recent case laws and is not a substitute for professional legal advice. Consult a qualified lawyer for case-specific guidance.

What is Section 94 BNSS?

Section 94 BNSS empowers courts or police officers to issue summons for producing documents or persons during investigations or trials, similar to old CrPC provisions. However, its application in the accused's absence raises critical questions about due process and the right to be heard. Courts have ruled that proceedings under Section 94 BNSS can be allowed in the absence of the accused, provided certain conditions are met, specifically that the accused has voluntarily appeared before the court or has been taken into custody, and that the order for issuance of non-bailable warrants (NBWs) was based on appropriate judicial assessment of the necessity of the accused’s presence.J. Chandra Lekha VS State of Telangana - Crimes (2025)

This provision balances investigative needs with the accused's fundamental rights, preventing arbitrary actions.

Key Legal Findings from Recent Cases

Recent judgments highlight strict conditions for invoking Section 94 BNSS without the accused:

Issuance of NBWs Requires Presence or Voluntary Surrender: Courts mandate the accused's appearance or surrender before NBWs. The issuance of NBWs requires the accused’s presence or voluntary surrender before the court.J. Chandra Lekha VS State of Telangana - Crimes (2025)
Deliberate Absence Justifies NBWs and Bail Denial: If the accused avoids court, the absence of the accused, especially when they have deliberately avoided surrender, generally justifies the issuance of NBWs and the denial of bail.Vinod Kumar Vs. State Of Rajasthan - 2025 Supreme(RAJ) 291
Essential Presence for Bail or Section 94 Proceedings: The courts have emphasized that the presence or voluntary surrender of the accused is essential for granting bail or allowing proceedings under 94 BNSS.J. Chandra Lekha VS State of Telangana - Crimes (2025)

These principles draw from equivalents like Sections 88 Cr.P.C. and 91 BNSS, where bonds for appearance are exercisable only in the accused's presence. J. Chandra Lekha VS State of Telangana - Crimes (2025)

Requirement of Presence or Voluntary Surrender

Judicial Emphasis on Voluntary Appearance

The cornerstone is voluntary surrender. The provisions of Sections 88 Cr.P.C. and 91 BNSS specifically stipulate that the power to take bonds for appearance or bail bonds is exercisable only when the accused is present in court.J. Chandra Lekha VS State of Telangana - Crimes (2025) In Babu Lal (referenced in judgments), courts deemed the accused's presence a sine qua non for such proceedings, invalidating NBWs without it. J. Chandra Lekha VS State of Telangana - Crimes (2025)

Without surrender, courts cannot effectively exercise jurisdiction, ensuring fairness.

Judicial Assessment Before Issuing NBWs

NBWs aren't automatic for absconders. The courts have consistently held that issuance of NBWs cannot be based solely on the fact that an accused is shown as absconding. There must be an independent judicial assessment to determine whether the presence or custody of the accused is necessary for the investigation or trial.J. Chandra Lekha VS State of Telangana - Crimes (2025) The Supreme Court in Tarsem Lal struck down mechanical NBW orders lacking necessity evaluation. J. Chandra Lekha VS State of Telangana - Crimes (2025)

This prevents abuse, aligning with BNSS's procedural rigor.

Impact of Absconding on Section 94 BNSS

Deliberate absconding undermines claims under Section 94. The courts have dismissed applications or refused relief when the accused is deliberately avoiding court proceedings, as this indicates a lack of voluntary surrender or appearance.Vinod Kumar Vs. State Of Rajasthan - 2025 Supreme(RAJ) 291 Mere NBWs without assessment don't justify absence-based proceedings. J. Chandra Lekha VS State of Telangana - Crimes (2025)Vinod Kumar Vs. State Of Rajasthan - 2025 Supreme(RAJ) 291

Insights from Additional Sources: Limitations and Safeguards

Other judgments reinforce Section 94 BNSS's scope, limiting it primarily to courts or police, not accused persons directly. Section 94 BNSS Cannot Be Invoked by Accused Alone - The provision is primarily intended for use by courts or police officers during investigation, not directly by accused persons at pre-charge stages.ARBAZ Vs. STATE OF RAJASTHAN - Rajasthan OMANA vs KERALA STATE FINANCIAL ENTERPRISES LIMITED (KSFE) - 2023 Supreme(Online)(Ker) 55659 MANGAL SINGH vs STATE (NCT OF DELHI) - Delhi

Accused Cannot Unilaterally Access Evidence

Accused seeking CCTV or documents via Section 94 often face rejection: The court clarified that accused cannot unilaterally invoke Section 94 to access evidence such as CCTV footage, which may be deleted over time without proper protection. Instead, applications under Section 94 should be treated under Section 95 of BNSS.ARBAZ Vs. STATE OF RAJASTHAN - Rajasthan OMANA vs KERALA STATE FINANCIAL ENTERPRISES LIMITED (KSFE) - 2023 Supreme(Online)(Ker) 55659 MANGAL SINGH vs STATE (NCT OF DELHI) - Delhi

Notices under Section 94/179 BNSS target witnesses, not accused. Bindi Sudhama Prithviraj Goud vs The State of Telangana - Telangana SANJU S/O. SHEKHAPPA DASNAYAKAR vs THE STATE OF KARNATAKA - Karnataka

Evidence Preservation and Investigation

Courts stress protecting evidence: Investigation is certainly necessary and in the absence of custodial interrogation, the entire mode in which the misappropriation was carried out will not unravelled.MAHESH. J vs STATE OF KERALA - 2025 Supreme(Online)(Ker) 43769 - 2025 Supreme(Online)(Ker) 43769 Pre-charge applications risk dismissal to avoid fishing expeditions. ARBAZ Vs. STATE OF RAJASTHAN - Rajasthan OMANA vs KERALA STATE FINANCIAL ENTERPRISES LIMITED (KSFE) - 2023 Supreme(Online)(Ker) 55659

Bail and Default Under BNSS

Accused may seek bail under Section 483 BNSS, but absence triggers Section 269 proceedings for abuse of liberty. MUKESH BHAGAT vs STATE OF CHHATTISGARH - Chhattisgarh RAMKHILAWAN vs STATE OF CHHATTISGARH - Chhattisgarh Navin Pathak alias Naveen Pathak vs State of Punjab - Punjab and Haryana Vivek Mishra vs State Of Chhattisgarh - Chhattisgarh

Exceptions and Limitations

Courts allow flexibility:- Genuine inability (e.g., sickness) may permit proceedings. J. Chandra Lekha VS State of Telangana - Crimes (2025)- Orders based solely on absconding status are set aside without assessment. J. Chandra Lekha VS State of Telangana - Crimes (2025)- Willful absence precludes Section 94 relief absent proper process. Vinod Kumar Vs. State Of Rajasthan - 2025 Supreme(RAJ) 291

Summary of Conditions for Section 94 BNSS in Absence

Voluntary appearance or surrender by accused.
NBWs post-judicial assessment of necessity.
No deliberate avoidance; proceedings only via valid judicial process.

Recommendations include courts mandating independent reviews before NBWs. J. Chandra Lekha VS State of Telangana - Crimes (2025)

Key Takeaways

Section 94 BNSS proceedings in absence hinge on voluntary surrender and judicially assessed NBWs. J. Chandra Lekha VS State of Telangana - Crimes (2025)Vinod Kumar Vs. State Of Rajasthan - 2025 Supreme(RAJ) 291
Accused cannot directly invoke it for evidence; use proper channels like Section 95. ARBAZ Vs. STATE OF RAJASTHAN - Rajasthan
Preserve evidence diligently to aid investigations. MAHESH. J vs STATE OF KERALA - 2025 Supreme(Online)(Ker) 43769 - 2025 Supreme(Online)(Ker) 43769
Bail under Section 483 BNSS requires court appearance; defaults invite penalties. MUKESH BHAGAT vs STATE OF CHHATTISGARH - Chhattisgarh

In conclusion, recent cases under BNSS underscore procedural safeguards, ensuring the accused's right to be heard while facilitating justice. Voluntary engagement with courts remains pivotal. Stay informed on these developments to protect rights effectively.

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