Code: Section 165 BSA
(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.
Explanation of Section 165 BSA
Section 165 of the Bharatiya Sakshya Adhiniyam (BSA) governs the procedures related to the production of documents in a trial. This section outlines the responsibilities of a witness when they are summoned to produce a document and sets the framework for handling objections to the production of such documents. The Court is provided with specific powers to examine the document, decide on its admissibility, and even protect sensitive information if necessary.
Key Provisions:
- Obligation to Produce Documents: A witness must bring any document they have been summoned to produce, provided it is within their possession or power, regardless of objections to the document’s production or admissibility. The Court will then decide whether the objection is valid.
- Court’s Discretion to Inspect the Document: The Court may inspect the document, unless it pertains to sensitive matters related to the State, and may also seek additional evidence to determine if the document is admissible.
- Translation and Confidentiality: If a document needs translation for the trial, the Court may instruct the translator to keep the contents confidential, unless the document is to be admitted as evidence. If the translator violates this confidentiality, they can face legal penalties under Section 198 of the Bharatiya Nyaya Sanhita, 2023.
- Exemption for Communications Involving Ministers: The Court cannot require the production of communications between Ministers and the President of India, acknowledging the importance of confidentiality in state affairs.
This section emphasizes the importance of producing relevant documents during a trial, while also ensuring that the confidentiality of sensitive information is protected when necessary.
Illustration
Example 1: Document Production in Business Dispute
A witness in a commercial dispute is summoned to produce a contract signed by both parties. The witness cannot object to producing the contract simply because they believe it is inadmissible. The Court will decide the admissibility but must inspect the contract if required.
Example 2: Translation of a Foreign Document
During a trial, a foreign-language document needs to be translated for the Court’s review. The Court may direct the translator to keep the contents secret unless the document is admitted as evidence. If the translator discloses confidential information, they could face legal consequences under Section 198 of the Bharatiya Nyaya Sanhita, 2023.
Common Questions and Answers on Section 165 BSA
- Can a witness refuse to produce a document if they object to its admissibility?
- No, a witness must bring the document if it is within their possession or power, regardless of any objections. The Court will decide on the admissibility of the document.
- What happens if the document is in a foreign language?
- If the document needs to be translated, the Court may direct the translator to keep the contents confidential, unless it is going to be presented as evidence in the trial.
- Can the Court inspect a document if it involves state secrets?
- The Court may not inspect a document if it relates to state secrets. However, the Court can take other steps to determine the document’s admissibility.
- What is the penalty if a translator discloses confidential information?
- If a translator discloses confidential information, they may face penalties under Section 198 of the Bharatiya Nyaya Sanhita, 2023.
- Are communications between Ministers and the President required to be produced in Court?
- No, Section 165 expressly prohibits the Court from requiring the production of communications between Ministers and the President of India.
Conclusion
Section 165 of the Bharatiya Sakshya Adhiniyam (BSA) outlines the procedure for producing documents in a legal trial. It mandates that witnesses must produce relevant documents if they are in their possession, while also granting the Court the authority to inspect the documents and determine their admissibility. The section also ensures that sensitive information, particularly related to state matters, is protected. This provision upholds the principles of justice while safeguarding confidentiality in the legal process.
For more detailed insights into the Bharatiya Sakshya Adhiniyam and other legal provisions, explore ApniLaw’s comprehensive legal resources.
