Indian evidence law | Updated 20 October 2026
Section 139 Evidence Act: Cross-Examination of a Person Called to Produce a Document
A person summoned only to produce a document does not automatically become a witness. This principle, formerly stated in Section 139 of the Indian Evidence Act, 1872, is now contained in Section 144 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA).
What does Section 139 of the Indian Evidence Act say?
The original Section 139, headed Cross-examination of person called to produce a document, provides:
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.
The rule draws a distinction between complying with a summons for records and giving evidence as a witness. Producing a document alone does not entitle the opposing party to cross-examine its producer.
Section 144 of the Bharatiya Sakshya Adhiniyam, 2023
Section 144 - Cross-examination of person called to produce a document preserves the same substantive principle. Its statutory wording is:
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.
Read the official Bharatiya Sakshya Adhiniyam, 2023 (India Code PDF), particularly Section 144. For the former law, consult the India Code legislation portal.
Meaning and legal effect
1. Production of records is not the same as testimony
A bank employee, records custodian, or government official may be summoned simply to bring specified records to court. Merely handing over those records does not, by itself, make that person a witness available for cross-examination.
2. Cross-examination requires the person to be called as a witness
Where the person is separately called as a witness to give evidence, examination and cross-examination may follow the applicable procedural and evidentiary rules. The right to question the person does not arise merely from physical production of documents.
3. Producing a document does not automatically prove its contents
The act of production should be distinguished from questions of authenticity, admissibility, proof of execution, and the truth of statements contained in the document. Those matters depend on the nature of the record and the applicable rules of evidence.
Practical example
Suppose a court summons a bank's record keeper to bring an account statement. If the employee simply delivers the statement in compliance with the summons, the employee does not become a witness solely by doing so. If a party wishes to examine the employee about how the records were maintained or prepared, the employee must be called as a witness in accordance with law. Any resulting cross-examination is governed by the rules applicable to witnesses.
Related provisions on examination of witnesses
| Provision | Subject |
|---|---|
| BSA Section 142 | Definitions of examination-in-chief, cross-examination and re-examination |
| BSA Section 143 | Order and scope of examinations |
| BSA Section 144 | Cross-examination of a person called to produce a document |
| BSA Section 141 | Judge to decide as to admissibility of evidence |
For more background, see Section 137 - Examination-in-chief and cross-examination and Section 138 - Order of examinations.
Frequently asked questions
Can a person who only produces a document be cross-examined?
No. Under BSA Section 144, merely producing a document does not make that person a witness. The person must be called as a witness before cross-examination can take place.
What is the current equivalent of Section 139 of the Evidence Act?
Section 144 of the Bharatiya Sakshya Adhiniyam, 2023.
Does production of a document establish that every statement in it is true?
No. Production alone does not settle admissibility, authenticity, or the evidentiary weight of its contents.
When did the new evidence law come into force?
The Bharatiya Sakshya Adhiniyam came into force on 1 July 2024. Transitional cases require attention to the repeal and savings provision in Section 170.
Official legal reference
Bharatiya Sakshya Adhiniyam, 2023 - Official India Code text. This article is general legal information; the facts of a case and the applicable procedural law may affect how evidence is received.