Section 92 of The Code of Criminal Procedure, 1973
- (1)If any document, parcel or thing in the custody of a postal or telegraph authority is, in the opinion of the District Magistrate, Chief Judicial Magistrate, Court of Session or High Court wanted for the purpose of any investigation, inquiry, trial or other proceeding under this Code, such Magistrate or Court may require the postal or telegraph authority, as the case may be, to deliver the document, parcel or thing to such person as the Magistrate or Court directs.
- (2)If any such document, parcel or thing is, in the opinion of any other Magistrate, whether Executive or Judicial, or of any Commissioner of Police or District Superintendent of Police, wanted for any such purpose, he may require the postal or telegraph authority, as the case may be, to cause search to be made for and to detain such document, parcel or thing pending the order of a District Magistrate, Chief Judicial Magistrate or Court under sub-section (1).
Summary
- This section describes how to get items that are held by the post office or telegraph services.
- Only high-ranking judges, like those in the High Court or Court of Session, and certain magistrates can order the delivery of these items.
- A District Magistrate or Chief Judicial Magistrate can require the postal service to deliver an item to a specific person.
- Lower-level magistrates and police chiefs can only order the post office to search for and hold an item while waiting for a higher order.
- The item must be needed for an investigation, inquiry, trial, or other legal proceeding under the 1973 Code.
Practical examples
FAQ
1. Can a regular magistrate order a post office to give them a letter under Section 92 of the 1973 Code?
No, under Section 92 of the Code of Criminal Procedure, 1973, a regular magistrate can only order a search and detention of the letter while waiting for a higher official's order.
2. Which officials can order the post office to deliver a package under Section 92 of the Code of Criminal Procedure?
Only the District Magistrate, Chief Judicial Magistrate, Court of Session, or High Court can order delivery under Section 92 of the Code of Criminal Procedure, 1973.
3. Can a Police Commissioner use Section 92 of the Code of Criminal Procedure?
Yes, Section 92 of the Code of Criminal Procedure, 1973 allows a Commissioner of Police to order a search and detention of a postal item, but not its final delivery.
Test yourself
Q1.Under Section 92 of the 1973 Criminal Procedure Code, who can require a postal authority to deliver a document for a proceeding?
Q2.Under Section 92 of The Code of Criminal Procedure, 1973, what power does a District Superintendent of Police have regarding postal items?
Q3.Under Section 92 of the 1973 Code, when can these special postal procedures be used?
Q4.Under the 1973 Code, if an item is in the custody of a postal authority, which section explicitly says Section 91 does NOT apply to it?