What is Section 144 BSA?

Section 144 of the Bharatiya Sakshya Adhiniyam, 2023 states that someone ordered by a summons to bring a document to court does not become a witness merely by producing it. That person cannot be cross-examined unless and until called to testify as a witness.

Does producing a document on a court summons make a person a witness under Section 144 BSA?

No. Under Section 144 BSA, the mere fact that a summoned person produces a document does not make that person a witness.

When can someone who brings a summoned document be cross-examined under Section 144 BSA?

Only after that person is called as a witness. Until that happens, Section 144 BSA stops any cross-examination of the person who only produced the document.

What is Section 144 BSA in IEA?

Section 139 IEA is the old provision that became Section 144 BSA on 1 July 2024 without any change in wording. Both provisions state the exact same rule.

IEA 139 Is Now BSA 144: What Changed

Aspect	IEA 1872 (repealed)	BSA 2023 (in force)
Section	139	144
Heading	Cross-examination of person called to produce a document	Same

Aspect

IEA 1872 (repealed)

BSA 2023 (in force)

Section

139

144

Heading

Cross-examination of person called to produce a document

Same

IEA 139 and BSA 144: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 139, IEA 1872

139. Cross-examination 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.

BSA 2023 (in force)

Section 144, BSA 2023

144. Cross-examination 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.

When It Applies: IEA 139 vs BSA 144

Under IEA 139

A person ordered by a summons to bring a document to court did not become a witness merely by producing that document.
A person who produced a document on a summons could not be cross-examined unless and until a party called that person as a witness.

Under BSA 144

A person ordered by a summons to bring a document to court does not become a witness merely by producing that document.
A person who produces a document on a summons cannot be cross-examined unless and until a party calls that person as a witness.

What IEA 139 to BSA 144 Means in Practice

The same rule applies without any change in wording, and a person in court should cite Section 144 BSA for matters governed by the BSA.

IEA 139 to BSA 144: Cross-examination of person called to produce a document

IEA 139 to BSA 144 at a Glance

What Changed From IEA 139 to BSA 144?

IEA 139 vs BSA 144: Comparison Table

IEA 139 and BSA 144: Bare Act Text Side by Side

When It Applies: IEA 139 vs BSA 144

What IEA 139 to BSA 144 Means in Practice