Section 162 of the Indian Evidence Act: Production of Documents - Current BSA Section 165
The rule requiring a summoned witness to bring documents to court was formerly contained in Section 162 of the Indian Evidence Act, 1872. Its corresponding provision is now Section 165 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), which came into force on 1 July 2024.
What does production of documents mean?
Production of documents means bringing a document before the court in response to a lawful summons or direction. Production does not automatically establish that the document is admissible, authentic or proved. Those questions are determined under the applicable rules of evidence.
Section 165 BSA: Explanation of the legal provisions
Section 165(1): Duty of a summoned witness
A witness summoned to produce a document must bring it to court if it is in the witness's possession or power, even if the witness objects to its production or admissibility. The court decides the validity of the objection. The expression "possession or power" concerns documents held by the witness or within the witness's ability to produce.
Section 165(2): Court inspection and admissibility
The court may inspect the document, except where it refers to matters of State, or receive other evidence to determine admissibility. This power does not mean every summoned document becomes evidence. Privilege, relevance, authenticity and other legal requirements remain material.
Section 165(3): Translation and confidentiality
If translation is needed to determine admissibility, the court may direct the translator to keep the document's contents confidential unless it is admitted in evidence. Disobedience of such a direction is linked by the statute to Section 198 of the Bharatiya Nyaya Sanhita, 2023, concerning disobedience of law by a public servant with intent to cause injury. The subsection also expressly prohibits a court from requiring production of communications between Ministers and the President of India.
Former Section 162 of the Indian Evidence Act, 1872
The earlier provision likewise required a summoned witness who had possession or power over a document to bring it to court notwithstanding objections. The court was empowered to decide objections and, subject to the State-matters exception, inspect the document or obtain other evidence concerning admissibility. It also provided for confidential translation and referred to Section 166 of the Indian Penal Code, 1860 for breach of a secrecy direction. The BSA reorganises these rules into three subsections and uses the corresponding BNS reference.
Practical implications
- For witnesses: Do not assume an objection excuses non-production; raise it before the court and comply with its lawful directions.
- For litigants: Identify the document precisely and explain its relevance when requesting a summons.
- For courts: Decide objections to production and admissibility, including applicable protections for privileged or State-related material.
- For translators: Follow any confidentiality direction issued by the court.
Related evidence provisions
Section 141 BSA addresses the judge's decision on admissibility; Section 144 BSA deals with cross-examination of a person called merely to produce a document; Section 166 BSA concerns a document produced after notice; Section 167 BSA concerns subsequent use of a document whose production was refused; and Section 168 BSA addresses the judge's power to ask questions or order production.
Frequently asked questions
Can a witness refuse to bring a summoned document because it is confidential?
A witness may raise a legally recognised objection, but Section 165 places the decision on that objection with the court. Special rules and privileges may apply.
Does producing a document make it admissible evidence?
No. Production and admissibility are distinct matters. The court must consider the relevant evidence rules.
Which provision replaces Evidence Act Section 162?
Section 165 of the Bharatiya Sakshya Adhiniyam, 2023 is the corresponding current provision.
Official legislation and references
Bharatiya Sakshya Adhiniyam, 2023 - official India Code PDF
India Code - central legislation database
This article provides general legal information and is not a substitute for advice on the facts of an individual case.