Code of Civil Procedure, 1908 | Order XVI

Order XVI Rule 6 CPC - Summons to Produce Document

Order XVI Rule 6 of the Code of Civil Procedure, 1908 allows a court to summon a person solely to produce a document, without requiring that person to give oral evidence. A person summoned only for production may comply by causing the document to be produced rather than appearing personally.

Text of Order XVI Rule 6 CPC

6. Summons to produce document. - Any person may be summoned to produce a document, without being summoned to give evidence; and any person summoned merely to produce a document shall be deemed to have complied with the summons if he causes such document to be produced instead of attending personally to produce the same.

This is the central provision concerning document-only witness summons under Order XVI. For the legislation and applicable amendments, consult the official India Code portal (search for the Code of Civil Procedure, 1908, Act 5 of 1908) and any applicable High Court rules.

Meaning and legal effect of Rule 6

The rule distinguishes between requiring a person to produce a document and requiring that person to give evidence. A summons may be confined to production. In that case, compliance does not ordinarily depend on the summoned person's physical presence: arranging for the specified document to reach the court is sufficient for the purpose of this rule.

  • Document-only summons: The court seeks a document rather than the person's oral testimony.
  • Production through another person: The addressee may cause the document to be produced without attending personally.
  • Limited effect: Production alone does not automatically establish the document's authenticity, admissibility or evidentiary value.
  • Scope of summons: If the summons separately requires attendance to give evidence, the document-only compliance provision cannot be assumed to dispense with that obligation.

How a summons to produce a document works

1. Identification of the required document

Under Order XVI Rule 5 CPC, a summons must specify the time and place of attendance, its purpose, and describe any particular document required with reasonable accuracy.

2. Issuance and service of summons

Summoning witnesses is governed by the other applicable provisions of Order XVI, including Rule 1 and Rule 8. The court's directions and applicable procedural rules should be followed.

3. Production without personal attendance

When the summons requires only a document, the summoned person can arrange for its production in court. The mode of delivery, custody, filing and return of original records should comply with the summons and the court's directions.

4. Proof and admissibility

The fact that a document is produced does not by itself prove its contents. Questions of relevance, admissibility, proof, primary or secondary evidence, and examination of witnesses are decided under applicable evidence law and court procedure. For proceedings governed by the Bharatiya Sakshya Adhiniyam, 2023, consult that enactment, its commencement and transitional provisions; older proceedings may be subject to the savings provisions applicable to the Indian Evidence Act, 1872.

Practical example

Suppose a civil court needs a specified register held by a records custodian. If the summons only calls for production of the register, Rule 6 permits the custodian to arrange for the register to be produced in court without personally appearing. If testimony is also required, the terms of that summons and any subsequent court directions must be considered separately.

  • Rule 2 - Expenses of witnesses paid into court when applying for summons.
  • Rule 3 - Tender of expenses to witnesses.
  • Rule 5 - Time, place and purpose of attendance stated in the summons.
  • Rule 7 - Power to require persons present in court to give evidence or produce documents.
  • Rule 10 - Procedure when a witness fails to comply with a summons.

Frequently asked questions

Can a person be summoned only to produce documents?

Yes. Order XVI Rule 6 expressly permits a summons for document production without summoning the person to give evidence.

Must the person appear personally?

Not when the summons is merely for producing a document and the person causes it to be produced in compliance with the summons. A summons requiring testimony is different.

Does producing a document make it admissible evidence?

No. Production and proof are distinct issues; the court determines admissibility and evidentiary weight under applicable law.

Legal note: This is general information on the central CPC provision. State amendments, High Court rules, specific judicial directions and the facts of a case may affect the procedure.