Section 162 IEA: Production of documents

Indian Evidence Act, 1872

Section 162 IEA at a Glance

Section 162 IEA deals with production of documents. From 1 July 2024 it is replaced by Section 165 BSA.

Now BSA

Section 162 IEA Bare Act Text

162. Production of documents
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. The validity of any such objection shall be decided on by the Court.
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.
Translation of documents.—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 166 of the Indian Penal Code (45 of 1860).

Source: Section 162, Indian Evidence Act, 1872

Section 162 IEA in Simple Words

Section 162 of the Indian Evidence Act, 1872 requires a witness who is summoned (formally ordered by the court to attend) to bring a requested document to the Court if the witness holds or controls it. Even if there is an objection to producing the document or to its admissibility (whether the Court can take it as evidence), the witness must still bring it. The Court then decides whether that objection is valid.

To decide on admissibility, the Court can take other evidence. If the Court sees fit, the Court can also inspect the document itself, except when the document deals with matters of State.

Sometimes a document must be translated so the Court can decide on admissibility. If the Court thinks fit, the Court can order that the translator keep those contents secret, except when the document is going to be used in evidence. If the interpreter disobeys that secrecy order, the interpreter commits an offence under Indian Penal Code section 166.

When Section 162 IEA Applies

A witness who receives a summons for a document must bring it to the Court if the witness has possession or power over it, even if someone objects to producing it or to its admissibility.
The Court decides whether any objection to producing the document or admitting it as evidence is valid.
To decide on admissibility, the Court can inspect the document if the Court sees fit, or take other evidence.
When a document needs translation for deciding admissibility, the Court can order that the translator keep those contents secret, and an interpreter who disobeys commits an offence under Indian Penal Code section 166.

Example of Section 162 IEA

In 2022, a court in Pune summons Ramesh to bring a private land agreement held by the witness. Ramesh objects to producing the agreement, claiming the document cannot be taken as evidence. Under Section 162 IEA, the witness must still bring the agreement to the Court despite that objection. Because the document does not deal with matters of State, the Court inspects the agreement and decides whether the objection to its admissibility is valid.

When Section 162 IEA Does Not Apply

The Court cannot inspect a produced document to decide on admissibility if the document refers to matters of State.
A Court order telling a translator to keep a translated document secret does not apply if the document is going to be used as evidence.

Section 162 IEA in the BSA

Section 162 IEA is now covered under Section 165 BSA.

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.

View detailed comparison (IEA 162 vs BSA 165) →

FAQs on Section 162 IEA

What is Section 162 IEA?▼

Section 162 of the Indian Evidence Act, 1872 states the rule for producing documents in Court when a witness is summoned. The witness must bring any requested document under the possession or power of the witness to the Court, even if there is an objection, and the Court decides if the objection is valid.

Can a witness refuse to bring a summoned document to the Court because of an objection under Section 162 IEA?▼

No. If the document is in the possession or power of the witness, the witness must bring it to the Court despite any objection to producing it or to its admissibility. The Court then decides whether the objection is valid.

Can the Court inspect a document about matters of State under Section 162 IEA?▼

No. While deciding on admissibility under Section 162 IEA, the Court cannot inspect a document that refers to matters of State.

What is Section 162 IEA in BSA?▼

Section 165 BSA replaced Section 162 IEA on 1 July 2024. Section 165 BSA adds a proviso stating that no Court can require any communication between the President of India and the Ministers to be produced, and cites Bharatiya Nyaya Sanhita, 2023 section 198 for the offence of a disobedient interpreter in place of Indian Penal Code section 166.

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