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

Bharatiya Sakshya Adhiniyam, 2023

Section 144 BSA at a Glance

Section 144 BSA deals with cross-examination of person called to produce a document. It replaced Section 139 IEA on 1 July 2024.

Was IEA

Section 139 →

Section 144 BSA Bare Act Text

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.

Source: Section 144, Bharatiya Sakshya Adhiniyam, 2023

Section 144 BSA in Simple Words

Section 144 of the Bharatiya Sakshya Adhiniyam, 2023 applies from 1 July 2024 when a person is ordered by a court summons to bring a document to court. A person who is summoned (ordered by the court) to bring a document does not become a witness merely by producing that document.

Because producing the document does not make that person a witness, the person cannot be cross-examined just for handing over the record. Cross-examination is allowed only if and when a party calls that person as a witness in the case.

When Section 144 BSA Applies

  • 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.

Example of Section 144 BSA

In October 2024, a court in Delhi summons Priya to produce an office ledger in a dispute between Ramesh and Anita. Priya brings the ledger to the Delhi court and hands the document over. Under Section 144 BSA, producing the ledger does not make Priya a witness, so Anita cannot cross-examine the record holder at that stage. When Ramesh later calls Priya as a witness in the trial, Anita is allowed to cross-examine the witness about the ledger.

When Section 144 BSA Does Not Apply

  • The bar on cross-examination does not apply once a party calls the person who produced the document as a witness.

Section 144 BSA in the IEA (Previous Law)

Section 144 BSA replaces Section 139 IEA from the old criminal code.

Section 139 of the Indian Evidence Act, 1872 became Section 144 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024 without any change in wording.

FAQs on Section 144 BSA

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.

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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 ·