Section 136 BSA: Production of documents or electronic records which another person, having possession, could refuse to produce
Bharatiya Sakshya Adhiniyam, 2023
Section 136 BSA at a Glance
Section 136 BSA deals with production of documents or electronic records which another person, having possession, could refuse to produce. It replaced Section 131 IEA on 1 July 2024.
Section 136 BSA Bare Act Text
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.
Source: Section 136, Bharatiya Sakshya Adhiniyam, 2023
Section 136 BSA in Simple Words
Section 136 of the Bharatiya Sakshya Adhiniyam, 2023 protects documents and electronic records held by a person when another person could refuse to produce them. A court cannot force the holder to hand over records that the other person would be entitled to withhold.
The rule applies to physical documents in the possession of a person. It also applies to electronic records under the control of a person. The right to refuse production is not lost merely because someone else has the documents or controls the electronic records.
This protection ends only when the other person who could refuse production gives consent. If that other person consents, the person holding the documents or controlling the electronic records can be required to produce them.
When Section 136 BSA Applies
- 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.
Example of Section 136 BSA
When Section 136 BSA Does Not Apply
- Does not apply when the other person who would have the right to refuse production consents to the documents or electronic records being produced.
Section 136 BSA in the IEA (Previous Law)
Section 136 BSA replaces Section 131 IEA from the old criminal code.
Section 131 of the Indian Evidence Act, 1872 became Section 136 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024 without any change in wording.
FAQs on Section 136 BSA
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.
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.
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Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·