Code: Section 135 BSA
No witness who is not a party to a suit shall be compelled to produce his
title-deeds to any property, or any document in virtue of which he holds any property as
pledgee or mortgagee or any document the production of which might tend to criminate
him, unless he has agreed in writing to produce them with the person seeking the production
of such deeds or some person through whom he claims.
Explanation of Section 135 BSA
Section 135 of the Bharatiya Sakshya Adhiniyam (BSA) safeguards non-party witnesses by preventing them from being forced to disclose sensitive documents. This includes:
- Title-deeds of any property they own.
- Documents associated with properties they hold as pledgee or mortgagee.
- Documents that could incriminate them.
However, if the witness agrees in writing, they may provide such documents voluntarily. The person requesting the documents must have obtained the witness’s written consent. This section ensures that non-party witnesses are not pressured into revealing confidential information that could harm their interests.
Illustrations
Example 1: Title-Deeds of Property
A witness, C, who is not a party in the case, is asked to present their property’s title-deeds. C cannot be forced to provide these documents unless they consent in writing.
Example 2: Mortgage Documents
Witness D, who is a mortgagee, is requested to provide documents related to the mortgage. D cannot be compelled to share these documents without prior written consent.
Example 3: Self-Incrimination
E is called to provide documents that might lead to self-incrimination. Under Section 135, E is protected and cannot be forced to disclose such materials.
Common Questions and Answers on Section 135 BSA
1. Can a non-party witness be forced to produce title-deeds?
- Answer: No, a non-party witness cannot be compelled to produce title-deeds or any related documents unless they give written consent.
2. Does Section 135 prevent self-incrimination for witnesses?
- Answer: Yes, this section protects witnesses from being forced to disclose documents that could incriminate them.
3. What happens if a witness refuses to provide documents?
- Answer: The witness cannot be forced to provide the documents unless they have agreed in writing to do so.
Conclusion
Section 135 of the Bharatiya Sakshya Adhiniyam (BSA) ensures that non-party witnesses are protected from being compelled to disclose sensitive documents, including title-deeds and documents that could lead to self-incrimination. The provision requires the witness’s written consent before disclosure, safeguarding their privacy and rights during legal proceedings.
