Section 135 Bharatiya Sakshya Adhiniyam, 2023: Production of title-deeds of witness not a party

Section 135 of Bharatiya Sakshya Adhiniyam, 2023: Production of title-deeds of witness not a party

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

No witness who is not a party to a suit shall be compelled to produce his title-deeds to any property, or any document in virtue of which he holds any property as pledgee or mortgagee or any document the production of which might tend to criminate him, unless he has agreed in writing to produce them with the person seeking the production of such deeds or some person through whom he claims.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Court Sec 2(1)(a)

Legal Commentary & Landmark Judgments: Section 135

Section 135 protects witnesses who are not parties to a suit from being compelled to produce their title-deeds to any property, or any document the production of which might tend to criminate them, unless they have agreed in writing to produce them.

Third-Party Title-Deed Protection: A non-party witness summoned to court cannot be compelled to surrender their original property deeds or mortgage documents.
Self-Incrimination Safeguard: Protects non-party witnesses from producing documents that would expose them to criminal penalties.
Written Agreement Exception: Compulsion applies only if the witness agreed in writing with the party seeking production to produce them.

Key Landmark Precedents:

R. v. Leatham (1861) 30 LJQB 205: The historic precedent incorporated into the evidence code: protects third-party property titles from predatory discovery in litigation between strangers.
Babu Lal v. Ganga Prasad (AIR 1950 All 48): Affirmed that a stranger to a suit cannot be forced to bring their family title-deeds to court under Section 130 IEA (Section 135 BSA).

Courtroom Practice & Strategic Litigation Guidance:

If your client is served with a witness summons duces tecum in a lawsuit between third parties demanding original property title deeds, file an objection under Section 135 BSA claiming absolute statutory privilege.