What Is BSA Section 135?

Bhartiya Sakshya Adhiniyam, 2023 - Section 135: Production of Title-Deeds of Witness Not a Party

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.

Brefe Detail

Section 135 of the Bhartiya Sakshya Adhiniyam, 2023, states that a witness who is not a party to a lawsuit cannot be compelled to produce their title-deeds or documents related to their property unless they have provided written consent. This protection extends to documents that may incriminate the witness or pertain to their status as a pledgee or mortgagee.

Question & Answers

Q1: What does Section 135 state about witnesses who are not parties to a suit?

A1: It states that they cannot be compelled to produce title-deeds or any property-related documents unless they have agreed in writing to do so.

Q2: What types of documents are protected under this section?

A2: The section protects title-deeds, documents related to property held as pledgee or mortgagee, and any documents that could potentially incriminate the witness.

Q3: Under what condition can a witness be compelled to produce such documents?

A3: A witness can be compelled to produce documents only if they have agreed in writing with the person seeking the production.

Example

1. Scenario 1: A witness holds the title-deed to a property related to a lawsuit. They cannot be forced to produce this document unless they have provided written consent to the requesting party.

2. Scenario 2: If a witness has a mortgage document that may incriminate them, they cannot be compelled to disclose it unless they have previously agreed in writing to do so.

3. Scenario 3: A witness receives a request to provide evidence related to their property. They can refuse if they have not signed an agreement to produce the necessary documents.

Summary

Section 135 of the Bhartiya Sakshya Adhiniyam, 2023, protects witnesses who are not parties to a lawsuit from being compelled to produce certain documents, such as title-deeds or potentially incriminating evidence. They can only be required to produce these documents if they have given written consent to the requesting party.