Section 139 IEA: Cross-examination of person called to produce a document

Indian Evidence Act, 1872

Section 139 IEA at a Glance

Section 139 IEA deals with cross-examination of person called to produce a document. From 1 July 2024 it is replaced by Section 144 BSA.

Now BSA

Section 144 →

Section 139 IEA Bare Act Text

139. 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 139, Indian Evidence Act, 1872

Section 139 IEA in Simple Words

Section 139 of the Indian Evidence Act, 1872 applied when a person was ordered by a court summons to bring a document to court. A person who was summoned (ordered by the court) to bring a document did not become a witness merely by producing that document.

Because producing the document did not make that person a witness, the person could not be cross-examined just for bringing the record. Cross-examination was permitted only if and when a party called that person as a witness in the case.

When Section 139 IEA Applies

  • A person ordered by a summons to bring a document to court did not become a witness merely by producing that document.
  • A person who produced a document on a summons could not be cross-examined unless and until a party called that person as a witness.

Example of Section 139 IEA

In 2021, a court in Chennai summons Ramesh to produce a bank register in a civil dispute between Anita and Farhan. Ramesh brings the register to the Chennai court and hands the document over. Under Section 139 IEA, producing the register does not make Ramesh a witness, so Farhan cannot cross-examine the record holder at that stage. Later in the trial, Anita calls Ramesh as a witness, and Farhan can then cross-examine the witness about the register.

When Section 139 IEA Does Not Apply

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

Section 139 IEA in the BSA

Section 139 IEA is now covered under Section 144 BSA.

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.

View detailed comparison (IEA 139 vs BSA 144) →

FAQs on Section 139 IEA

What is Section 139 IEA?▼

Section 139 of the Indian Evidence Act, 1872 stated that someone ordered by a summons to bring a document to court did not become a witness merely by producing it. That person could not be cross-examined unless and until called to testify as a witness.

Did a person become a witness just by bringing a summoned document to court under Section 139 IEA?▼

No. Under Section 139 IEA, the mere act of producing a document in answer to a summons did not make that person a witness.

When could a person who produced a document be cross-examined under Section 139 IEA?▼

Only when that person was called as a witness. Until then, Section 139 IEA barred any cross-examination of the person who merely produced the document.

What is Section 139 IEA in BSA?▼

Section 144 BSA replaced Section 139 IEA on 1 July 2024 without any change in wording. The rule remains the same under the BSA.

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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 ·