Chapter VII
Section 104 CrPC: Power to impound document, etc., produced
New Law Update (2024)
Section 105 BNSS
TRIAL COURT
Punishment
Procedural / Administrative
Cognizable?
Bailable?
Compoundable?
Bare Act Text
Any Court may, if it thinks fit, impound any document or thing produced before it under this Code.
Important Sub-Sections Explained
Landmark Judgements
S.K. Gupta v. P.C. Jain and Ors. (1979) Cri. L.J. 1109 (Delhi HC):
The Delhi High Court clarified that the power to impound under Section 104 CrPC is discretionary and must be exercised judicially, not arbitrarily. It further held that a document can be impounded even if it has not been formally proved or exhibited in the case, as long as it is produced before the court.
State of Uttar Pradesh v. Raj Narain (1975) 4 SCC 428:
While primarily dealing with election law, the Supreme Court, in this landmark case, emphasized the court’s inherent power to protect and secure documents that are crucial for a fair trial. This principle underpins the rationale for impounding documents to prevent tampering or destruction of evidence, ensuring the integrity of judicial proceedings.