Criminal and bail

Petition format for production of documents under Section 94 BNSS (Section 91 CrPC)

Drafting a petition asking a criminal court to summon a document or thing under Section 94 of the BNSS, 2023, which replaced Section 91 CrPC: when the accused can invoke it, what to plead, and the relevance test.

A petition under Section 94 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which replaced Section 91 of the CrPC, 1973, asks the court to issue a summons or written order to a person in whose possession a document, electronic record or other thing is believed to be, to produce it. The court must consider its production necessary or desirable for the investigation, inquiry, trial or other proceeding. The petition must identify the document precisely, who holds it, and why it is necessary or desirable to the case. The Supreme Court in State of Orissa v. Debendra Nath Padhi (2005) held that the accused cannot invoke this power at the stage of framing charge; it is ordinarily used during the defence or trial.

Governed by
  • Section 94, Bharatiya Nagarik Suraksha Sanhita, 2023 (replacing Section 91 CrPC)
  • State of Orissa v. Debendra Nath Padhi, (2005) 1 SCC 568, on the stage at which the accused may invoke it
Where it is filed
The criminal court before which the inquiry or trial is pending.
Who files it
The accused, the complainant or the prosecution, through counsel.
Languages PleadEasy drafts this in
English, Hindi, Tamil, Malayalam

What a petition must contain

The parts below are the structure of the document in filing order. The operative wording is a matter for the drafting advocate and for the practice of the court concerned.

  1. 1.Cause title

    The court, case number and parties as ranked in the main case.

  2. 2.Stage of the case

    The stage the case has reached, since the relevance of the document is judged against it.

  3. 3.Document or thing sought

    A precise description: register, record, call detail record, CCTV footage, bank statement or other item, with dates and identifying numbers.

  4. 4.Person in possession

    Who holds it and their address, whether a bank, telecom provider, police station or government office.

  5. 5.Necessity and relevance

    Why the document is necessary or desirable for the trial, tied to a specific fact in issue.

  6. 6.Prayer

    To issue summons or a written order directing the named person to produce the document before the court on a date.

Mistakes that get this document returned

  • Filing it at the stage of framing charge, which Debendra Nath Padhi bars for the accused.
  • Describing the document vaguely ('all records relating to the case'), which invites dismissal as a fishing inquiry.
  • Not explaining how the document bears on a fact in issue.
  • Not asking for preservation first where electronic records such as CCTV or call data may be overwritten.

Frequently asked questions

Which section replaced Section 91 CrPC?

Section 94 of the Bharatiya Nagarik Suraksha Sanhita, 2023 carries forward the power to summon production of a document or other thing, and expressly covers electronic communication and devices.

Can the accused file a Section 91 petition before charge?

Not ordinarily. The Supreme Court held in State of Orissa v. Debendra Nath Padhi that the accused has no right to produce material at the stage of framing charge, and the petition is usually filed during the trial.

Can the police be directed to produce CCTV footage?

Yes, if the court considers it necessary or desirable for the trial. The petition should identify the camera location, date and time, and seek preservation promptly.

Draft a petition from your client conversation

Record the consultation, check the facts PleadEasy pulls out of it, and get the draft formatted for your district court in English, Hindi, Tamil, Malayalam. Nothing is exported until you have read and approved it.

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Filing a petition in a district court

The court establishments in each district, so the cause title names the right court.

Tamil Nadu district courts

Kerala district courts

Related formats

Last reviewed 26 September 2026. This guide is general information about court procedure for advocates. It is not legal advice and does not replace the rules of practice of the court you are filing in.