What is Section 136 BSA?

Section 136 of the Bharatiya Sakshya Adhiniyam, 2023 is a rule that protects a person from being forced to produce documents in possession or electronic records under control when another person could refuse to produce them. The rule applies whenever that other person would have the right to refuse production if holding or controlling the records directly. The holder can be compelled to produce them only if that other person consents.

Does Section 136 BSA apply to electronic records?

Yes. Section 136 BSA applies to electronic records under the control of a person as well as physical documents in the possession of a person.

Can a court force the holder to produce the records under Section 136 BSA without the consent of the other person?

No. A court cannot compel the holder to produce the documents or electronic records unless the other person who would have the right to refuse production consents.

IEA 131 Is Now BSA 136: What Changed

Q: What is Section 136 BSA in IEA?

Section 131 IEA. Section 131 IEA became Section 136 BSA on 1 July 2024 without any change in wording.

Aspect	IEA 1872 (repealed)	BSA 2023 (in force)
Section	131	136
Heading	Production of documents or electronic records which another person, having possession, could refuse to produce	Same

Aspect

IEA 1872 (repealed)

BSA 2023 (in force)

Section

131

136

Heading

Production of documents or electronic records which another person, having possession, could refuse to produce

Same

IEA 131 and BSA 136: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 131, IEA 1872

131. 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.

BSA 2023 (in force)

Section 136, BSA 2023

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.

When It Applies: IEA 131 vs BSA 136

Under IEA 131

Applies when a person has physical documents in possession.
Applies when a person has electronic records under control.
Applies when another person would have a right to refuse production of those records if that other person held or controlled them.

Under BSA 136

Applies when a person has physical documents in possession.
Applies when a person has electronic records under control.
Applies when another person would have a right to refuse production of those records if that other person held or controlled them.

What IEA 131 to BSA 136 Means in Practice

Section 131 IEA became Section 136 BSA on 1 July 2024 without any change in wording. The same rule applies, and a person in court should cite Section 136 BSA for matters governed by the Adhiniyam.

IEA 131 to BSA 136: Production of documents or electronic records which another person, having possession, could refuse to produce

IEA 131 to BSA 136 at a Glance

What Changed From IEA 131 to BSA 136?

IEA 131 vs BSA 136: Comparison Table

IEA 131 and BSA 136: Bare Act Text Side by Side

When It Applies: IEA 131 vs BSA 136

What IEA 131 to BSA 136 Means in Practice