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BSA, 2023
Start Practicing
BSAChapter IXSection 136
Section136

Production of documents or electronic records which another person, having possession, could refuse to produce

AI Assist

Summary

If a document or electronic record you possess is one that some other person could lawfully refuse to produce if it were in their possession or control, you cannot be compelled to produce it. The only exception is when that other person gives consent to its production.

Example

Priya holds payroll files for a former colleague Arjun. Because Arjun would be entitled to refuse production if he had them, Priya cannot be compelled to hand them over unless Arjun expressly consents.

Bare Act

Enacted text

No one shall be compelled to produce documents in his possession or electronic records under his control, which any other person would be entitled to refuse to produce if they were in his possession or control, unless such last-mentioned person consents to their production.

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IX

Chapter IX

Of Witnesses

In this chapter

  • 124Who may testify
  • 125Witness unable to communicate verbally
  • 126Competency of husband and wife as witnesses in certain cases
  • 127Judges and Magistrates
  • 128Communications During marriage
  • 129Evidence as to affairs of State
  • 130Official communications
  • 131Information as to commission of offences
  • 132Professional communications
  • 133Privilege not waived by volunteering evidence
  • 134Confidential communication with legal advisers
  • 135Production of title-deeds of witness not a party
  • 136Production of documents or electronic records which another person, having possession, could refuse to produce
  • 137Witness not excused from answering on ground that answer will criminate
  • 138Accomplice
  • 139Number of witnesses
Previous · Section 135Production of title-deeds of witness not a partyNext · Section 137Witness not excused from answering on ground that answer will criminate