Saya & Associates
Police ask your company for records: responding to a BNSS section 94 order
Why the first hour matters
A police officer asks a company for emails, invoices, account records or a device. The request may arrive while staff are already worried about an FIR, and someone offers to export the shared drive and send it at once.
That is the moment to identify the legal process. An order to produce records is not a notice to appear for questioning, and neither is a search. Each has its own rules.
What section 94 BNSS allows
Section 94(1) covers any document, electronic communication, communication device likely to contain digital evidence, or other thing considered necessary or desirable for an investigation, inquiry, trial or other proceeding under the BNSS.
A court may issue a summons. An officer in charge of a police station may issue a written order, in physical or electronic form. Either states the time and place for production.
Section 94 replaced section 91 of the Code of Criminal Procedure, 1973. Unlike the old provision, it names electronic communications and communication devices expressly.
Identify the order, issuer and scope
Keep the complete communication and verify where it came from. Note the issuing authority, the case reference, the named recipient, the date for compliance and each category requested.
If an informal call is followed by a formal order, keep both. Do not treat a verbal summary as the full scope.
The power used matters. An agency acting under a different statute may follow different procedures, so do not assume every request labelled a "summons" is governed by section 94.
Production is not the same as appearance
The BNSS uses different instruments for different purposes:
| Instrument | Provision | What it requires |
|---|---|---|
| Summons or written order to produce | BNSS section 94 | Produce a document, electronic communication, device or other thing at a stated time and place |
| Notice of appearance | BNSS section 35(3) | A person against whom there is a reasonable complaint, credible information or reasonable suspicion must appear before the police officer |
| Order to attend as a witness | BNSS section 179 | A person who appears to know the facts of the case must attend before the investigating officer |
Section 94(2) says a person required merely to produce a document or thing complies by causing it to be produced, without attending in person. Whether that applies depends on what the order actually requires.
A separate notice to appear should not be ignored on the assumption that sending a file is enough.
Preserve before collecting
Send a preservation instruction to the people who hold potentially relevant material. Where appropriate, stop routine deletion or overwriting of the identified records.
Keep originals, note where each copy came from and record who handled it. Do not edit a message thread into a cleaner narrative or strip attachments from their context.
For email and cloud records, capture the account, the date range and the export method. For a device, identify its user and the business systems it connects to.
Coordinated collection lets the company explain what it produced and what it could not find, without altering the source. This is not a reason to withhold responsive records. It is how the response stays accurate.
Check confidentiality before producing
Before production, check whether the order captures unrelated personal information, another client's confidential material or legal advice.
Section 94(3) keeps intact sections 129 and 130 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), on unpublished official records about affairs of State and on official communications. It also preserves the Bankers' Books Evidence Act, 1891.
Communications with lawyers are dealt with separately, in sections 132 and 134 of the BSA. Each of these questions needs case-specific review. None of them justifies deleting responsive records.
Keep an evidence trail
Section 63 of the BSA governs when an electronic record is admissible, including the certificate required when it is tendered in evidence.
Producing records to the police is not the same as tendering evidence in court. But how a record was generated, stored and copied can matter later, so record it now. An illustrative production schedule:
| Item | Date range | Source system | Custodian | Export method | Sent on | Recipient |
|---|---|---|---|---|---|---|
| Invoices to the distributor | April 2025 to March 2026 | Accounting system | Finance manager | PDF export with system log | 22 September 2026 | Investigating officer |
Keep a copy of the response and proof of delivery. If the scope or deadline cannot be met as written, raise it promptly through the proper channel rather than missing it without explanation.
The first-response checklist
- Keep the full order. Save the communication, its source and any earlier informal request.
- Confirm the power used. Check whether the order is under section 94 BNSS or another statute, and what it requires.
- Separate production from appearance. Note whether anyone must attend, and diarise any notice under section 35(3) or 179.
- Issue a preservation instruction. Stop routine deletion for identified sources and tell the custodians.
- Review before producing. Check for personal data, other clients' material and legal advice.
- Log what is sent. Record each item, source, export method, transfer date and recipient.
Frequently asked questions
Must a director attend in person to hand over company documents?
Not necessarily. Section 94(2) treats a person required merely to produce records as complying if the records are produced. Read the exact order first: it may also require attendance, or another law may apply.
How is section 94 BNSS different from section 91 CrPC?
Section 94 of the BNSS replaced section 91 of the Code of Criminal Procedure, 1973. It expressly covers electronic communications and communication devices likely to contain digital evidence, and allows the police order to be electronic.
Can the police ask for a laptop or phone under section 94?
Yes, if it is considered necessary or desirable for the proceeding. Section 94(1) covers communication devices likely to contain digital evidence.
Identify the device's user and connected systems, and record its condition, before handing it over.
Does section 94 protect privileged legal advice?
Not by itself. Section 94(3) preserves only sections 129 and 130 of the BSA and the Bankers' Books Evidence Act. Communications with lawyers are dealt with in sections 132 and 134 of the BSA and need separate review.
What if the company cannot meet the deadline?
Raise it before the date through the proper channel. Explain which part of the order is affected and why, and propose a date. Missing the deadline without explanation invites avoidable escalation.
The takeaway
A police order for records calls for a cooperative, accurate response tied to the power actually used. Preserve first, produce what is asked, and keep a record that shows what was sent and why.
For a records request from the Serious Fraud Investigation Office, see our SFIO first-response guide. To discuss an order your company has received, contact Saya & Associates.
This article provides general information as at 24 September 2026. The correct response depends on the issuing authority, statute, order, records and facts. It is not legal advice.