#Section 94 BNSS

The Madhya Pradesh High Court has ruled that a college’s internal inquiry report under the POSH Act is relevant evidence in a criminal sexual assault case and can be summoned by the trial court under Section 94 BNSS. This sets a critical precedent for using institutional accountability records to test prosecutorial testimony, empowering accused persons to confront witnesses with prior sworn statements during prosecution evidence.

The Madhya Pradesh High Court ruled that applications under Section 94 BNSS for preserving electronic evidence, such as call records and digital transactions, must be decided promptly at the pre-trial stage. Delaying consideration until the defence evidence stage risks prejudice and violates Article 21 fair trial rights, particularly in alibi defences.