CrPC Section 92 – Procedure As To Letters And Telegrams

Section 92 of the Code of Criminal Procedure (CrPC), 1973 (now replaced by Section 95 of the Bharatiya Nagrik Suraksha Sanhita, 2023), outlines the legal procedure for accessing letters, telegrams, and other items in the custody of postal or telegraph authorities for legal proceedings. This provision balances the need for evidence in investigations, inquiries, trials, and other proceedings with the protection of individual privacy.

Law Related To Procedure As To Letters And Telegrams

Section 92 of the Code of Criminal Procedure (CrPC), 1973, deals with the procedure for letters and telegrams. It provides that if a document, parcel, or other item is in the custody of a postal or telegraph authority and the court considers it necessary for the stage of the investigation, inquiry, trial, or any proceeding under the code, the court can direct the postal or telegraph authority to hand over the document to the specified persons.

However, if any other magistrate, commissioner of police, or district superintendent of police considers such a document, parcel, or other item necessary for similar purposes. In that case, they may direct the postal or telegraph authority to conduct a search. After this, the document, parcel, or item will be detained until further instructions are passed by the court.

Procedure Under Section 92 of CrPC

So, the step-by-step procedure under Section 92 of CrPC is as follows:

1. The District Magistrate, Chief Judicial Magistrate, Court of Session, or High Court first believes that the document, parcel, or other item is required for investigation, inquiry, trial, or other proceeding.
2. Then, they issue an order to the postal or telegraph authority requiring them to deliver the item.
3. Executive, judicial, or police authorities may request the postal or telegraph authority to conduct a search and temporarily detain the item.

This procedure limits police officers' powers and ensures a balance between the need for evidence and the protection of individual privacy.

Instead of the Code of Criminal Procedure, we have the Bhartiya Nagrik Suraksha Sanhita, 2023 (BNSS). Section 95 of the BNSS covers the procedure for letters and telegrams.

Purpose Of Section 92 Of CrPC

Section 92 of the CrPC establishes a legal procedure for obtaining documents, parcels, and other things in the custody of the postal or telegraph authority, which are necessary or desirable for the purposes of an investigation, inquiry, trial, or other proceeding under the Code.

The scope of Section 92 can be better stated as follows:

• Facilitating Investigations and Legal Proceedings: The primary purpose is to enable access to relevant evidence held by postal or telegraph authorities, thereby aiding in the investigation of crimes and ensuring fair trials.
• Authorizing Access Through Judicial Order: Section 92 ensures that access to such items is not arbitrary but is authorized by a competent court or specified authority.
• Preventing Unilateral Access By Police: The section prevents police officers or other authorities from directly accessing items in postal or telegraph custody without a proper order from a court or authorized officer.

Authorities Under Section 92 Of CrPC

Section 92 of CrPC specifies the authorities empowered to obtain private information from the postal or telegraph authorities. The following are the authorities mentioned:

1. This section empowers the district magistrate, chief judicial magistrate, court of session, and high court. These authoritative bodies can direct postal or telegraph authorities to deliver any document, parcel, or item considered necessary for investigation, inquiry, trial, or legal proceedings.
2. On the other hand, there are police and other magistrates. It includes the Commissioner of Police or District Superintendent of Police and Executive Magistrate, which are not covered above. These authorities can request the postal or telegraph authorities to search and detain the documents or items, but only when the order of the above-mentioned judicial authorities is pending.

Application Of Section 92 Of CrPC

Section 92 of CrPC applies in criminal investigations, inquiries, trials, or legal proceedings where letters, parcels, or other items in the custody of postal or telegraph authorities are required as evidence. This section generally applies to fraud cases involving any financial scam, cybercrime investigations where emails and digital correspondence are reviewed, communications related to espionage or terrorist activities where letters or parcels need to be examined, etc.

Safeguards Against Misuse Of Section 92 Of CrPC

Section 92 of CrPC has some inbuilt safeguards that help to protect individual privacy and rights:

1. Judicial Bodies: Section 92 authorizes certain judicial authorities, such as the District Magistrate or Chief Judicial Magistrate. This ensures that impartial judicial authorities monitor the process.
2. Limited Purpose: The section requires the requisition of documents, parcels, or other items for a legitimate purpose such as investigation, inquiry, trial, or other proceedings.
3. Restricted Power Of Police Officers: Under Section 92(2), police officers or subordinate magistrates can temporarily search and detain items while awaiting action by judicial authorities. This prevents lower authorities from acting independently without proper authorization.
4. Uphold's Right To Privacy: This section upholds the right to privacy. It is especially relevant to sensitive documents or privileged information that cannot be disclosed publicly.
5. Quick Action: Once the judicial authorities issue the order, the postal or telegraph authorities must act promptly. The judicial authorities must also avoid undue delays so that sensitive evidence can be collected without waiting a long time.

Case Laws On Section 92 Of CrPC

Here are some case laws around section 92 of CrPC:

Sri Gowri Ganesha Credit Cooperative Society vs. Superintendent Of Police (2023)

In this case, the Karnataka High Court addressed the issue of investigating officers freezing bank accounts. It observed that an account freeze order cannot be made by investigating officers under the power of Sections 91 and 92 of the CrPC. The authority has been given to judicial officers and cannot be executed solely at the police's discretion.

State of Maharashtra vs. Tapas D. Neogy (1999)

This case concerns the seizure of bank accounts and related correspondence under Section 92 of the CrPC. The Supreme Court held that bank accounts for records in the custody of banking authorities can be seized under the CrPC, helping to broaden the scope of the term' documents or items' under Section 92.

Jeevan vs. State of Madhya Pradesh (2024)

In this case, the Madhya Pradesh High Court emphasized the importance of timely judicial orders. The court noted that all details required under Sections 91 and 92 of CrPC cannot be preserved for long. These details are typically destroyed after a certain period, so the judicial authorities should be quick.

Conclusion

Section 92 of the CrPC (now Section 95 of the BNSS) provides a framework for obtaining evidence from postal and telegraph services while safeguarding individual privacy. The involvement of judicial authorities and the defined scope of application help prevent misuse of this power.

FAQs

A few FAQs based on Section 92 of the CrPC are:

Q1. What is the purpose of this law?

It aims to facilitate investigations and legal proceedings by providing access to relevant evidence while protecting individual privacy.

Q2. What authorities are involved in this process?

Judicial authorities (District Magistrate, Chief Judicial Magistrate, Court of Session, High Court) and, under certain conditions, police officers and executive magistrates.

Q3. What safeguards are in place to prevent misuse of this law?

The involvement of judicial authorities, the requirement of a legitimate purpose (investigation, inquiry, trial, etc.), and restrictions on police powers act as safeguards.

Q4. How does this law protect individual privacy?

By requiring judicial oversight and limiting access to specific purposes, the law aims to balance investigative needs with the right to privacy.

Q5.What is the current legal provision governing this procedure?

Section 95 of the Bhartiya Nagrik Suraksha Sanhita, 2023 (BNSS), has replaced Section 92 of the CrPC.