What Is BSA Section 136?

Bhartiya Sakshya Adhiniyam, 2023 - Section 136: Production of Documents or Electronic Records Which Another Person, Having Possession, Could Refuse to Produce

No one shall be compelled to produce documents in his possession or electronic records under his control, which any other person would be entitled to refuse to produce if they were in his possession or control, unless such last-mentioned person consents to their production.

Brefe Detail

Section 136 of the Bhartiya Sakshya Adhiniyam, 2023, establishes that an individual cannot be forced to produce documents or electronic records that they possess if another person could legally refuse to produce them. This protection applies unless the person who could refuse consents to the production of those documents.

Question & Answers

Q1: What does Section 136 state about producing documents or electronic records?

A1: It states that an individual cannot be compelled to produce documents or electronic records if another person could refuse to produce them.

Q2: Under what condition can documents or electronic records be produced?

A2: They can be produced only if the person entitled to refuse consents to their production.

Q3: What type of documents does this section refer to?

A3: This section refers to any documents or electronic records that are in the possession or control of an individual, which could legally be refused by another person.

Example

1. Scenario 1: A person holds a contract in their possession, but another party could refuse to produce it. This person cannot be compelled to provide the contract unless the other party agrees.

2. Scenario 2: If an individual has access to electronic records that another person could legally withhold, they cannot be forced to disclose those records unless consent is given by the other person.

3. Scenario 3: A witness is asked to produce financial documents that belong to another party. They cannot be compelled to produce these documents unless the other party consents to the disclosure.

Summary

Section 136 of the Bhartiya Sakshya Adhiniyam, 2023, protects individuals from being compelled to produce documents or electronic records that they possess if another person has the right to refuse their production. Consent from the person entitled to refuse is required for such documents to be produced.