Section 144 Bharatiya Sakshya Adhiniyam, 2023: Cross-examination of person called to produce a document

Section 144 of Bharatiya Sakshya Adhiniyam, 2023: Cross-examination of person called to produce a document

Official Bare Act Text

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

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.

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

Court Sec 2(1)(a)

Legal Commentary & Landmark Judgments: Section 144

Section 144 establishes that a person summoned to produce a document does not become a witness by the mere fact that they produce it, and cannot be cross-examined unless and until they are called as a witness.

Production vs Deposition: A ministerial custodian who merely tenders a document into court is not a witness on merits.
Immunity from Cross-Examination: Opposing counsel cannot cross-examine the producing clerk regarding the contents or truth of the document.
Conversion to Witness: Can be cross-examined only if the party formally examines them-in-chief as a witness.

Key Landmark Precedents:

Parmeshwari Devi v. State (1977) 1 SCC 169: The Supreme Court held that under Section 139 IEA (Section 144 BSA), a person summoned solely to produce documents cannot be cross-examined; their role is strictly custodial.
P.R. Venugopal v. State of Kerala (1999) Cr LJ 4699: Affirmed that summoning an officer to produce official files does not make the officer an evidentiary witness on merits.

Courtroom Practice & Strategic Litigation Guidance:

When you summon a bank officer or registrar solely to produce loan files or registry books, clarify that the summons is duces tecum only; prevent opposing counsel from cross-examining the officer under Section 144.