IEA Section 162 — Production of documents

Chapter 10

Civil

Summary

A witness who is ordered to bring a document to court must do so if they have it or can get it, even if they object to showing it or think it should not be allowed as evidence. The court will decide whether the objection is valid. The court may look at the document itself to decide if it can be used as evidence, unless it involves state secrets. If a document needs to be translated for this purpose, the court can order the translator to keep the contents secret unless the document is later used as evidence; if the translator disobeys, they commit an offence.

Official 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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