PART IV PRODUCTION AND EFFECT OF EVIDENCE · CHAPTER X OF EXAMINATION OF WITNESSES

Section 165: Production of documents

The Bharatiya Sakshya Adhiniyam, 2023

(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.

Corresponding Evidence Act provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

165	162. Production of documents.

Questions on this section

4 questions in 16 of our papers cite Section 165. Try these from the free papers:

1. A proviso added in Section 165 of the BSA (production of documents), which has no counterpart in Section 162 of the Indian Evidence Act, 1872, provides that no Court shall require to be produced before it:
2. Under Section 165 of the BSA, a witness summoned to produce a document which is in his possession or power:
3. Consider the following statements with reference to State of Uttar Pradesh v. Raj Narain (1975), on the privilege now contained in Section 129 of the BSA (affairs of State): 1. It is ultimately for the Court to decide whether it is in the public interest that the document be disclosed. 2. The objection to disclosure is ordinarily raised by an affidavit of the head of the department, and the Court may also require a Minister's affidavit. 3. Once some innocuous parts of an official document are quoted publicly, the whole document ceases to be an unpublished official record. Which of the statements given above is/are correct?

Practise questions on Bharatiya Sakshya Adhiniyam