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