Section 135 BSA: Production of title-deeds of witness not a party

Bharatiya Sakshya Adhiniyam, 2023

Section 135 BSA at a Glance

Section 135 BSA deals with production of title-deeds of witness not a party. It replaced Section 130 IEA on 1 July 2024.

Was IEA

Section 130 →

Section 135 BSA Bare Act Text

135. Production of title-deeds of witness not a party

No witness who is not a party to a suit shall be compelled to produce his title-deeds to any property, or any document in virtue of which he holds any property as pledgee or mortgagee or any document the production of which might tend to criminate him, unless he has agreed in writing to produce them with the person seeking the production of such deeds or some person through whom he claims.

Source: Section 135, Bharatiya Sakshya Adhiniyam, 2023

Section 135 BSA in Simple Words

Section 135 of the Bharatiya Sakshya Adhiniyam, 2023 protects a non-party witness in a suit. The court cannot force such a witness to hand over certain private or harmful documents.

The rule covers specific categories of records. The witness cannot be forced to produce title-deeds (ownership documents) for any property. The witness also need not produce a document for holding property as a pledgee (a person holding property as security). The same rule covers a document for holding property as a mortgagee (a lender taking property as security). Further, the witness need not produce a document that could tend to criminate (expose to a criminal charge) the witness.

This protection does not apply when the witness has agreed in writing to hand over the documents. That written agreement must be made with the person asking for the deeds, or with someone through whom that person claims.

When Section 135 BSA Applies

  • Applies to a witness in a suit when that witness is not a party to the suit.
  • Applies when the witness is asked to produce title-deeds to any property belonging to the witness.
  • Applies when the witness is asked to produce a document under which the witness holds property as pledgee or mortgagee.
  • Applies when the witness is asked to produce a document whose production could tend to criminate the witness.

Example of Section 135 BSA

In 2025, during a civil suit in Jaipur between Priya and Ramesh, a party asks the court to force a witness, Anita, to produce a document under which the witness holds land as a mortgagee. Anita is only a witness and is not a party in the suit. The witness has not signed any written agreement to hand over that document with the party seeking it or with anyone through whom that party claims. Under Section 135 BSA, the Jaipur court cannot compel Anita to produce the document under which the witness holds the land as a mortgagee.

When Section 135 BSA Does Not Apply

  • Does not protect the witness if the witness agreed in writing to hand over the documents with the person asking for production, or with someone through whom that person claims.

Section 135 BSA in the IEA (Previous Law)

Section 135 BSA replaces Section 130 IEA from the old criminal code.

Section 130 of the Indian Evidence Act, 1872 became Section 135 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. "Pledge" reads "pledgee".

FAQs on Section 135 BSA

What is Section 135 BSA?▼

Section 135 of the Bharatiya Sakshya Adhiniyam, 2023 is a rule that protects a non-party witness in a suit from being forced to produce certain documents. It covers property title-deeds, documents under which the witness holds property as pledgee or mortgagee, and documents that could tend to criminate the witness. The protection does not apply if the witness agreed in writing to hand them over to the person seeking production or someone through whom that person claims.

Does Section 135 BSA protect a non-party witness from producing a document that could expose the witness to a criminal charge?▼

Yes. A non-party witness cannot be forced to produce any document if producing it could tend to criminate the witness, unless the witness agreed in writing to hand it over as stated in Section 135 BSA.

When can a non-party witness be forced to produce title-deeds under Section 135 BSA?▼

Only when the witness has agreed in writing to hand over those documents. The written agreement must be with the person asking for the deeds or with someone through whom that person claims.

What is Section 135 BSA in IEA?▼

Section 130 IEA. Section 130 IEA became Section 135 BSA on 1 July 2024 with no substantive change, and the word pledge in the old text reads pledgee in Section 135 BSA.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·