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BSA, 2023
Start Practicing
BSAChapter XSection 165
Section165

Production of documents

AI Assist

Summary

A summoned witness must bring any document in their possession or power to court even if there is an objection to its production or admissibility. The court will decide such objections and may inspect the document or take other evidence, except for documents about State matters. If translation is needed the court can order the translator to keep contents secret and disobedience is an offence. Communications between Ministers and the President cannot be compelled.

Example

Priya is summoned to court to produce a loan agreement she keeps. Even though the defendant objects to its admissibility, Priya must bring the document and the court will decide the objection and may inspect the paper. If it must be translated, the court can direct the translator to keep the contents secret.

Bare Act

Enacted text

(1) A witness summoned to produce a document shall, if it is in his possession or power, bring it to Court, notwithstanding any objection which there may be to its production or to its admissibility: Provided that the validity of any such objection shall be decided on by the Court.

(2) The Court, if it sees fit, may inspect the document, unless it refers to matters of State, or take other evidence to enable it to determine on its admissibility.

(3) If for such a purpose it is necessary to cause any document to be translated, the Court may, if it thinks fit, direct the translator to keep the contents secret, unless the document is to be given in evidence and, if the interpreter disobeys such direction, he shall be held to have committed an offence under section 198 of the Bharatiya Nyaya Sanhita, 2023:

Provided that no Court shall require any communication between the Ministers and the President of India to be produced before it.

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X

Chapter X

Of Examination of Witnesses

In this chapter

  • 140Order of production and examination of witnesses
  • 141Judge to decide as to admissibility of evidence
  • 142Examination of witnesses
  • 143Order of examinations
  • 144Cross-examination of person called to produce a document
  • 145Witnesses to character
  • 146Leading questions
  • 147Evidence as to matters in writing
  • 148Cross-examination as to previous statements in writing
  • 149Questions lawful in cross-examination
  • 150When witness to be compelled to answer
  • 151Court to decide when question shall be asked and when witness compelled to answer
  • 152Question not to be asked without reasonable grounds
  • 153Procedure of Court in case of question being asked without reasonable grounds
  • 154Indecent and scandalous questions
  • 155Questions intended to insult or annoy
  • 156Exclusion of evidence to contradict answers to questions testing veracity
  • 157Question by party to his own witness
  • 158Impeaching credit of witness
  • 159Questions tending to corroborate evidence of relevant fact, admissible
  • 160Former statements of witness may be proved to corroborate later testimony as to same fact
  • 161What matters may be proved in connection with proved statement relevant under section 26 or 27
  • 162Refreshing memory
  • 163Testimony to facts stated in document mentioned in section 162
  • 164Right of adverse party as to writing used to refresh memory
  • 165Production of documents
  • 166Giving, as evidence, of document called for and produced on notice
  • 167Using, as evidence, of document production of which was refused on notice
  • 168Judge's power to put questions or order production
Previous · Section 164Right of adverse party as to writing used to refresh memoryNext · Section 166Giving, as evidence, of document called for and produced on notice