Section 130 IEA: Production of title-deeds of witness not a party

Indian Evidence Act, 1872

Section 130 IEA at a Glance

Section 130 IEA deals with production of title-deeds of witness not a party. From 1 July 2024 it is replaced by Section 135 BSA.

Now BSA

Section 135 →

Section 130 IEA Bare Act Text

130. 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 pledge 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 130, Indian Evidence Act, 1872

Section 130 IEA in Simple Words

Section 130 of the Indian Evidence Act, 1872 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 pledge (security for a debt). 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 130 IEA 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 pledge or mortgagee.
Applies when the witness is asked to produce a document whose production could tend to criminate the witness.

Example of Section 130 IEA

In 2022, during a civil suit in Pune between Ramesh and Anita, the court is asked to compel a witness, Farhan, to produce the title-deeds to a plot owned by the witness. Farhan is only a witness and is not a party in the suit. The witness has not made any written agreement to hand over those deeds with Ramesh or with anyone through whom the litigant claims. Under Section 130 IEA, the Pune court cannot compel Farhan to produce the title-deeds to the plot.

When Section 130 IEA 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 130 IEA in the BSA

Section 130 IEA is now covered under Section 135 BSA.

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".

View detailed comparison (IEA 130 vs BSA 135) →

FAQs on Section 130 IEA

What is Section 130 IEA?▼

Section 130 of the Indian Evidence Act, 1872 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 pledge or mortgagee, and documents that could tend to criminate the witness. The witness can only be forced to produce them if the witness agreed in writing with the person seeking production or someone through whom that person claims.

Can a witness who is not a party to a suit refuse to produce personal property title-deeds?▼

Yes. Under Section 130 IEA, a non-party witness cannot be forced to produce title-deeds to any property unless the witness has agreed in writing to hand them over.

When can a court force a non-party witness to produce title-deeds under Section 130 IEA?▼

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

What is Section 130 IEA in BSA?▼

Section 135 BSA. Section 130 IEA became Section 135 BSA on 1 July 2024 with no substantive change, except that the word pledge reads pledgee.

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

Sources: Bare Act Text, Indian Evidence Act, 1872 ·