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IEA, 1872
Start Practicing
IEAChapter XSection 162
Section162

Production of documents

AI Assist

Summary

A witness summoned to produce a document must bring it to Court if it is in their possession or power, even if they object to producing it or to its admissibility. The Court decides the validity of any objection and may inspect the document or take other evidence to decide admissibility, except where it relates to state matters. If translation is required, the Court can order the translator to keep contents secret; disobedience is an offence under IPC section 166.

Example

Priya is summoned in a property dispute and has the original sale deed at home. She objects to producing it, but must bring it to Court so the judge can inspect it and decide if it is admissible. If the deed needs translation, the Court can direct the translator to keep the contents secret; if the translator disobeys, they commit an offence under IPC section 166.

Bare Act

Enacted text

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. The validity of any such objection shall be decided on by the Court.

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.

Translation of documents: 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 166 of the Indian Penal Code (45 of 1860).

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X

Chapter X

Of the Examination of Witnesses

In this chapter

  • 135Order of production and examination of witnesses
  • 136Judge to decide as to admissibility of evidence
  • 137Examination-in-chief
  • 138Order of examinations
  • 139Cross-examination of person called to produce a document
  • 140Witnesses to character
  • 141Leading questions
  • 142When they must not be asked
  • 143When they may be asked
  • 144Evidence as to matters in writing
  • 145Cross-examination as to previous statements in writing
  • 146Questions lawful in cross-examination
  • 147When witness to be compelled to answer
  • 148Court to decide when question shall be asked and when witness compelled to answer
  • 149Question not to be asked without reasonable grounds
  • 150Procedure of Court in case of question being asked without reasonable grounds
  • 151Indecent and scandalous questions
  • 152Questions intended to insult or annoy
  • 153Exclusion of evidence to contradict answers to questions testing veracity
  • 154Question by party to his own witness
  • 155Impeaching credit of witness
  • 156Question tending to corroborate evidence of relevant fact, admissible
  • 157Former statements of witness may be proved to corroborate later testimony as to same fact
  • 158What matters may be proved in connection with proved statement relevant under section 32 or 33
  • 159Refreshing memory
  • 160Testimony to facts stated in document mentioned in section 159
  • 161Right of adverse party as to writing used to refresh memory
  • 162Production of documents
  • 163Giving, as evidence, of document called for and produced on notice
  • 164Using, as evidence, of document production of which was refused on notice
  • 165Judge’s power to put questions or order production
  • 166Power of jury or assessors to put questions
Previous · Section 161Right of adverse party as to writing used to refresh memoryNext · Section 163Giving, as evidence, of document called for and produced on notice