BSA Section 165 — Production of documents

CHAPTER X OF EXAMINATION OF WITNESSES

General

Summary

Sub-section (1) states that a witness who is called to produce a document must bring it to court if the document is in their possession or control, even if they object to producing it or to it being admitted as evidence. However, the court is the authority that decides whether such an objection is valid.

Sub-section (2) allows the court, if it chooses, to examine the document itself to decide whether it can be admitted as evidence, unless the document relates to matters of State. The court may also take other evidence to help it make this decision.

Sub-section (3) says that if a document needs to be translated for this purpose, the court may order the translator to keep the contents secret, unless the document is to be given in evidence. If the translator disobeys this order, they are considered to have committed an offence under section 198 of the Bharatiya Nyaya Sanhita, 2023. Additionally, no court can require any communication between Ministers and the President of India to be produced before it.

Official Text

(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.

Sections referred to

Related Judgments

  • Dagar, Mr Mayank Sharma, Mr.; Dev; Chawla; Mr.; Sanskar; Aggarwal and vs UNION OF INDIA & ORS — Delhi High Court (2026)
  • ARJUN PANDITRAO KHOTKAR vs KAILASH KUSHANRAO GORANTYAL AND ORS — Supreme Court of India (2020)
  • MUNNA PANDEY vs STATE OF BIHAR — Supreme Court of India (2023)
  • DINESH KUMAR vs THE STATE OF HARYANA — Supreme Court of India (2023)
  • GAURAV MAINI vs THE STATE OF HARYANA — Supreme Court of India (2024)

Old <-> New Code Mapping