What Is BSA Section 165?

Bhartiya Sakshya Adhiniyam, 2023 - Section 165: Production of Documents

(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.

Brefe Detail

Section 165 of the Bhartiya Sakshya Adhiniyam, 2023, outlines the responsibilities of a witness regarding the production of documents in court. It mandates that a witness must bring any document in their possession when summoned, regardless of objections to its production or admissibility. The court has the discretion to inspect the document or seek additional evidence to assess its admissibility. If translation is required, the court may direct that the contents remain confidential unless the document is to be admitted as evidence.

Question & Answers

Q1: What is required of a witness summoned to produce a document?

A1: The witness must bring the document to court if it is in their possession, regardless of objections to its production or admissibility.

Q2: Can the court inspect the document?

A2: Yes, the court may inspect the document unless it pertains to matters of State.

Q3: What happens if a document needs to be translated?

A3: The court may direct the translator to keep the contents secret unless the document is to be used as evidence.

Q4: Are there any communications that a court cannot require to be produced?

A4: Yes, no court shall require communications between the Ministers and the President of India to be produced.

Example

Scenario: A witness is summoned to court to produce a contract relevant to a case.

The witness brings the contract despite objections from the opposing party regarding its admissibility.

The court inspects the contract to determine its relevance to the case.

Translation Scenario: A document in a foreign language needs to be translated for court proceedings.

The court orders the translation but instructs the translator to keep the contents confidential unless the document is admitted into evidence.

Summary

Section 165 of the Bhartiya Sakshya Adhiniyam, 2023, ensures that witnesses are compelled to produce documents when summoned, reinforcing the importance of transparency in legal proceedings. The court is empowered to assess the admissibility of these documents and can manage confidentiality during translation processes. Additionally, it protects certain communications, maintaining the sanctity of governmental interactions.