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IEA, 1872
Start Practicing
IEAChapter IXSection 131
Section131

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

AI Assist

Summary

You cannot be forced to produce documents or electronic records in your possession if some other person would be entitled to refuse to produce the same material if it were in their possession or control. The rule applies whether the material is held for that person or by chance. The only exception is when that other person consents to production.

Example

Priya is keeping a personal letter that belongs to Karan. A court asks Priya to produce the letter. She cannot be compelled to hand it over because Karan would be entitled to refuse production if the letter were in his possession, unless Karan agrees.

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

  • 118Who may testify
  • 119Witness unable to communicate verbally
  • 120Parties to civil suit, and their wives or husbands. Husband or wife of person under criminal trial
  • 121Judges and Magistrates
  • 122Communications during marriage
  • 123Evidence as to affairs of State
  • 124Official communications
  • 125Information as to commission of offences
  • 126Professional communications
  • 127Section 126 to apply to interpreters, etc
  • 128Privilege not waived by volunteering evidence
  • 129Confidential communications with legal advisers
  • 130Production of title-deeds of witness not a party
  • 131Production of documents or electronic records which another person, having possession, could refuse to produce
  • 132Witness not excused from answering on ground that answer will criminate
  • 133Accomplice
  • 134Number of witnesses
Previous · Section 130Production of title-deeds of witness not a partyNext · Section 132Witness not excused from answering on ground that answer will criminate