INDIA Law and Practice Contributed by: Vijayendra Pratap Singh, Asif Ahmed, Tanmay Sharma and Bhanu Jindal, AZB & Partners
datory for anyone dealing with cryptocurren - cies and/or virtual digital assets to comply with reporting requirements. Moreover, the police and the courts are given the power to seize and attach any property that is governed by the procedure provided in the BNSS. Under these criminal statutes, “property” is defined extremely widely to include movable or immovable property, corporeal or incorporeal property, and the instruments relating to such assets (and includes bank accounts). It may be noted that the BNS provides that any person who secretes or destroys any document to prevent its production in legal proceedings shall be punished with imprisonment of three years or a fine of INR5,000, or both. This acts as a deterrent to a party to not tamper with or The CPC provides that a court may regulate and control the evidence placed before it. The High Courts in India have their own specific rules in relation to maintenance of evidence. For exam - ple, the rules formulated by the High Court of Delhi provide that old and delicate documents should be safeguarded from any damage, such as by using a protective covering, or by using a photocopy while keeping the original docu - ment sealed. The CPC also provides for the appointment of a receiver, under Order XL, to protect and preserve a property that is the sub - ject matter of a suit for realisation, management or improvement of a property, or to collect rent and profits while the suit is pending. Addition - ally, under Order XXXIX Rule 7 of the CPC, a party can make an application to the court for the inspection, detention or preservation of any property that forms the subject matter of the suit. Even under the provisions of the A&C Act, both a destroy evidence. Civil Proceedings
court and an arbitral tribunal have the power to issue interim directions for preservation of evi - dence which may be in exclusive possession of a party, and which are necessary for protection of the subject matter of the arbitration. Physical Search of Documents The Bharatiya Sakshya Adhiniyam, 2023 (BSA) that replaced the Indian Evidence Act, 1872 from 1 July 2024 gives broad powers to the court to seek production of any document at any time, as the court may deem fit (unless this falls under a recognised privileged communication). How - ever, under criminal law, the rights of the victim are limited and do not extend to conducting a physical search of documents at the defendant’s residence or place of business. However, it may be noted that the provisions relating to privileged communications have been retained under the BSA. Under civil law, such a claimant would be able to seek discovery and inspection of the evidence upon making an application for this to the court. Such an inspection would usually take place at the office of the defendant’s pleader, or at the usual place of custody of such evidence. No undertaking is required to be given by the claimant in such cases, but the application is required to be made on oath to ensure that such documents are relevant for the purposes of the proceedings in question. However, the inspec - tion is limited to documents referred to and/or relied on by the defendant in its pleadings, or to specific documents that the claimant affirms the defendant has, and does not take on the nature of a general search of the defendant’s premises. The CPC also provides for the appointment of commissioners under Order XXVI, where the court finds the need for local investigation/ inspection or for ascertaining the amount of any
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