IEA 162→BSA 165

IEA 162 to BSA 165: Production of documents

Section 162 IEA (1872) replaced by Section 165 BSA (2023)

View IEA Section 162 →View BSA Section 165 →

IEA 162 to BSA 165 at a Glance

Section 162 IEA (Production of documents) is now Section 165 BSA, in force from 1 July 2024. What changed is set out below.

What Changed From IEA 162 to BSA 165?

Section 162 of the Indian Evidence Act, 1872 became Section 165 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. A new proviso says no Court shall require "any communication between the Ministers and the President of India" to be produced. The translator's offence now cites section 198 of the BNS in place of section 166 of the IPC.

IEA 162 vs BSA 165: Comparison Table

AspectIEA 1872 (repealed)BSA 2023 (in force)
Section162165
HeadingProduction of documentsSame
Sub-sectionsNone3 sub-sections

IEA 162 and BSA 165: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 162, IEA 1872

162. Production of documents.—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. The validity of any such objection shall be decided on by the Court. 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. Translation of documents.—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 166 of the Indian Penal Code (45 of 1860).
BSA 2023 (in force)

Section 165, BSA 2023

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.

When It Applies: IEA 162 vs BSA 165

Under IEA 162
  1. A witness who receives a summons for a document must bring it to the Court if the witness has possession or power over it, even if someone objects to producing it or to its admissibility.
  2. The Court decides whether any objection to producing the document or admitting it as evidence is valid.
  3. To decide on admissibility, the Court can inspect the document if the Court sees fit, or take other evidence.
  4. When a document needs translation for deciding admissibility, the Court can order that the translator keep those contents secret, and an interpreter who disobeys commits an offence under Indian Penal Code section 166.
Under BSA 165
  1. Under Section 165(1) BSA, a witness who receives a summons for a document must bring it to the Court if the witness has possession or power over it, despite any objection to its production or admissibility.
  2. Under the proviso to Section 165(1) BSA, the Court decides whether any objection to producing the document or to its admissibility is valid.
  3. Under Section 165(2) BSA, to decide on admissibility, the Court can inspect the document if the Court sees fit, or take other evidence.
  4. Under Section 165(3) BSA, when a document must be translated for deciding admissibility, the Court can order that the translator keep those contents secret, and an interpreter who disobeys commits an offence under Bharatiya Nyaya Sanhita, 2023 section 198.

What IEA 162 to BSA 165 Means in Practice

Section 162 IEA became Section 165 BSA on 1 July 2024, with the rule organized into sub-sections (1), (2), and (3). A proviso in Section 165(3) BSA states that no Court can require any communication between the President of India and the Ministers to be produced before the Court. In addition, the offence for an interpreter who disobeys a secrecy direction cites Bharatiya Nyaya Sanhita, 2023 section 198 in place of Indian Penal Code section 166.

FAQs: IEA 162 to BSA 165

What restriction on document production did Section 165 BSA add that was not in Section 162 IEA?▼

A proviso in Section 165(3) BSA bars any Court from requiring any communication between the President of India and the Ministers to be produced before the Court. Section 162 IEA did not contain that proviso.

How did the offence reference for a disobedient interpreter change from Section 162 IEA to Section 165 BSA?▼

Section 165(3) BSA cites Bharatiya Nyaya Sanhita, 2023 section 198 for an interpreter who disobeys a secrecy direction, replacing the reference to Indian Penal Code section 166 in Section 162 IEA.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Evidence Act, 1872 · Bharatiya Sakshya Adhiniyam, 2023 ·