Section 165 BSA: Production of documents
Bharatiya Sakshya Adhiniyam, 2023
Section 165 BSA at a Glance
Section 165 BSA deals with production of documents. It replaced Section 162 IEA on 1 July 2024.
Section 165 BSA Bare Act Text
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.
Source: Section 165, Bharatiya Sakshya Adhiniyam, 2023
Section 165 BSA in Simple Words
Section 165 of the Bharatiya Sakshya Adhiniyam, 2023 sets out the rules for producing documents in Court when a witness is summoned (formally ordered by the court to attend). Under Section 165(1) BSA, a witness who has possession or control of a summoned document must bring it to the Court, even if there is an objection to producing it or to its admissibility (whether the Court can take it as evidence). Under the proviso to Section 165(1) BSA, the Court decides whether any such objection is valid.
Under Section 165(2) BSA, the Court can take other evidence to decide on admissibility. If the Court sees fit, the Court can also inspect the document itself, except when the document deals with matters of State.
Under Section 165(3) BSA, if a document must be translated for deciding admissibility, the Court can, if it thinks fit, order that the translator keep those contents secret, except when the document is going to be used in evidence. An interpreter who disobeys that secrecy order commits an offence under Bharatiya Nyaya Sanhita, 2023 section 198. A proviso to Section 165(3) BSA adds that no Court can require any communication between the President of India and the Ministers to be produced before the Court.
When Section 165 BSA Applies
- 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.
- Under the proviso to Section 165(1) BSA, the Court decides whether any objection to producing the document or to its admissibility is valid.
- Under Section 165(2) BSA, to decide on admissibility, the Court can inspect the document if the Court sees fit, or take other evidence.
- 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.
Example of Section 165 BSA
When Section 165 BSA Does Not Apply
- Under Section 165(2) BSA, the Court cannot inspect a produced document to decide on admissibility if the document refers to matters of State.
- Under Section 165(3) BSA, a Court direction ordering a translator to keep a translated document secret does not apply if the document is going to be used as evidence.
- Under the proviso to Section 165(3) BSA, no Court can require any communication between the President of India and the Ministers to be produced before the Court.
Section 165 BSA in the IEA (Previous Law)
Section 165 BSA replaces Section 162 IEA from the old criminal code.
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.
FAQs on Section 165 BSA
What is Section 165 BSA?▼
Section 165 of the Bharatiya Sakshya Adhiniyam, 2023 governs the production of documents in Court by a summoned witness. The witness must bring a requested document under the possession or power of the witness despite any objection, and the Court decides whether the objection is valid.
Must a witness bring a summoned document under Section 165(1) BSA even when admissibility is disputed?▼
Yes. If the document is in the possession or power of the witness, the witness must bring it to the Court despite any objection, and the Court decides whether the objection is valid.
When can the Court order a translator to keep a document secret under Section 165(3) BSA?▼
When a document must be translated to decide on admissibility, the Court can order that the translator keep those contents secret if the Court thinks fit, except when the document is going to be used in evidence.
What is Section 165 BSA in IEA?▼
Section 165 BSA corresponds to Section 162 IEA, which applied before 1 July 2024. Section 165 BSA adds a proviso barring any Court from requiring any communication between the President of India and the Ministers to be produced, and cites Bharatiya Nyaya Sanhita, 2023 section 198 in place of Indian Penal Code section 166 for an interpreter who breaks a secrecy direction.
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Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·