Application to summon a document or a witness (s.94/348 BNSS)

Asking the criminal court to call for a document or thing (s.94), or to summon or recall a witness (s.348).

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How the paper begins

With Dastavo's sample details; the people and places are fictional. The words in blue are the ones you fill in.

IN THE COURT OF Judicial Magistrate First Class, Amarnagar

Criminal Case No. 1402 of 2026

Rohan Kumar son of Shri Om Prakash, aged about 37 years, resident of House No. 12, Street No. 3, Nanak Nagar, Amarnagar, Tehsil and District Amarnagar, Punjab

…Applicant / Accused

Versus

State of Punjab

…Respondent

APPLICATION UNDER SECTION 94 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 TO SUMMON A DOCUMENT OR THING

Respectfully Showeth:

1.That the above case is pending before this Hon'ble Court at the stage of defence evidence and is fixed for 28-10-2026. The applicant is the accused in the case.

2.That the statement of account No. 000000000000 of the complainant, Kabir Sharma, for 01-04-2026 to 30-09-2026, kept by Amar Co-operative Bank, Main Bazaar, Amarnagar is necessary for the purposes of the trial, because it will show that the applicant paid ₹1,20,000 into that account in May and June 2026, which the complainant denied in his cross-examination on 05-10-2026. It is not in the applicant's possession, and the applicant cannot produce it without the help of this Hon'ble Court.

3.That this application is made in good faith and not to delay the trial. The applicant will pay the process fee as this Hon'ble Court directs.

The rest of the paper is in Dastavo.

What to bring

Papers to bring

The exact details of the document or thing (numbers, dates) and the name and address of whoever keeps it
For a witness: the full name, parentage and address; for a recall, the date of the earlier statement
A copy of the FIR or the complaint

Where to go

Filed through the advocate in the trial court, usually at the stage of evidence.

Fee

The process fee (talbana), and the witness's travel money when the court asks, are paid at the court; ask there for the amounts.

Good to know

Say clearly why it matters to the case; the court refuses requests that only look for evidence or delay the trial.

Papers and fees can change. Check with the office before you go. Guidance only, not yet reviewed by a lawyer.

Stamp paper

Court fee and welfare stamps, where needed, are affixed as the court office directs.