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What Is BSA Section 144?

Answer By law4u team

Bhartiya Sakshya Adhiniyam, 2023 - Section 144: Crossexamination of person called to produce a document.

A person summoned to produce a document does not become a witness by the mere fact that he produces it, and cannot be cross-examined unless and until he is called as a witness.

Brefe Detail

This section clarifies that simply producing a document does not qualify a person as a witness. They must be formally called to testify before any cross-examination can occur.

Question & Answers

Q: What does Section 144 state about a person summoned to produce a document?

A: The section states that a person does not become a witness just by producing a document.

Q: Can a person who produces a document be cross-examined immediately?

A: No, they cannot be cross-examined unless they are formally called as a witness.

Example

1. If a bank employee is summoned to produce financial records for a case, they are not considered a witness just for presenting those records. They must be called to testify about them before any cross-examination can take place.

2. An individual bringing a contract to court is only producing a document; they must be called as a witness to be cross-examined about its contents.

Summary

Section 144 emphasizes that the act of producing a document alone does not grant witness status to a person. Formal testimony is required before any cross-examination can occur.

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