Section 165 BSA 2023: Production of Documents
Section 165 of the Bharatiya Sakshya Adhiniyam, 2023 deals with the duty of a witness summoned to produce a document, the Court's power to decide objections to production or admissibility, limited inspection by the Court, and confidentiality where translation is required.
| Provision | Section 165, Bharatiya Sakshya Adhiniyam, 2023 |
|---|---|
| Subject | Production of documents |
| Main rule | A summoned witness who has the document in possession or power must bring it to Court, while the Court decides objections. |
| In force from | 1 July 2024 |
| Related provision | Section 198, Bharatiya Nyaya Sanhita, 2023, as referred to in Section 165(3) |
Text of Section 165 - Production of documents
165. (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.
Meaning and scope of Section 165 BSA
Section 165 separates the act of bringing a document to Court from the Court's later decision on whether the document should be admitted in evidence. A witness summoned to produce a document cannot ordinarily refuse merely because an objection is raised. The objection is preserved, but its validity is for the Court to decide.
1. Duty of a summoned witness
Sub-section (1) applies when a witness has been summoned specifically to produce a document and the document is in that witness's possession or power. The witness must bring the document to Court even where there is an objection to production or admissibility.
2. Objections are decided by the Court
The proviso to sub-section (1) makes the Court, rather than the witness, the authority to decide whether an objection to production or admissibility is valid. Production before the Court therefore does not by itself mean that the document has been admitted in evidence.
3. Court inspection and matters of State
Under sub-section (2), the Court may inspect the document or receive other evidence to decide admissibility. The provision expressly excludes Court inspection where the document refers to matters of State.
4. Translation and confidentiality
Where translation is necessary for deciding admissibility, sub-section (3) permits the Court to direct the translator to keep the contents confidential unless the document is ultimately given in evidence. The provision itself refers to Section 198 of the Bharatiya Nyaya Sanhita, 2023 in case of disobedience of that direction.
5. Communications between Ministers and the President
The final proviso creates an express bar: a Court cannot require production of communications between Ministers and the President of India.
Key legal points
- A summons to produce and the question of admissibility are distinct stages.
- The witness must bring a document that is in his possession or power, subject to the statutory framework.
- The Court decides objections to production or admissibility.
- The Court may inspect a document to decide admissibility, except where it refers to matters of State.
- The Court may impose confidentiality on a translator where translation is required.
- Minister-President communications cannot be compelled to be produced under this provision.
Related provisions
Section 165 should be read with the neighbouring provisions dealing with writings used to refresh memory, documents produced on notice, refusal to produce documents, and the Judge's power to order production.
Section 164 - Right of adverse party as to writing used to refresh memory
Section 166 - Document called for and produced on notice
Section 167 - Document whose production was refused on notice
Section 168 - Judge's power to put questions or order production
Official source
For the authoritative text and current status of the legislation, see the Bharatiya Sakshya Adhiniyam, 2023 on India Code.
Note: This page is a general legal-information article and should be read with the statutory text, applicable rules, notifications and judicial decisions relevant to the facts of a particular case.