Section 131 IEA: Production of documents or electronic records which another person, having possession, could refuse to produce
Indian Evidence Act, 1872
Section 131 IEA at a Glance
Section 131 IEA deals with production of documents or electronic records which another person, having possession, could refuse to produce. From 1 July 2024 it is replaced by Section 136 BSA.
Section 131 IEA Bare Act Text
131. 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 131, Indian Evidence Act, 1872
Section 131 IEA in Simple Words
Section 131 of the Indian Evidence Act, 1872 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 holds 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 131 IEA 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 131 IEA
When Section 131 IEA 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 131 IEA in the BSA
Section 131 IEA is now covered under Section 136 BSA.
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.
View detailed comparison (IEA 131 vs BSA 136) →FAQs on Section 131 IEA
What is Section 131 IEA?▼
Section 131 of the Indian Evidence Act, 1872 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 protection applies if that other person would have the right to refuse production when holding or controlling the records directly. The holder can only be forced to produce them if that other person consents.
Does Section 131 IEA cover electronic records as well as physical documents?▼
Yes. Section 131 IEA covers both physical documents in the possession of a person and electronic records under the control of a person.
When can a person be forced to produce records held for another person under Section 131 IEA?▼
Only when the other person who is entitled to refuse production gives consent. Without that consent, the court cannot compel the holder to produce the documents or electronic records.
What is Section 131 IEA in BSA?▼
Section 136 BSA. Section 131 IEA became Section 136 BSA on 1 July 2024 without any change in wording.
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Sources: Bare Act Text, Indian Evidence Act, 1872 ·