Section 165 Bharatiya Sakshya Adhiniyam, 2023: Production of documents

Section 165 of Bharatiya Sakshya Adhiniyam, 2023: Production of documents

Official Bare Act Text

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

(1) A witness summoned to produce a document shall, if it is in his possession or power, bring it to Court, notwithstanding any objection which there may be to its production or to its admissibility:

Provided that the validity of any such objection shall be decided on by the Court.

(2) The Court, if it sees fit, may inspect the document, unless it refers to matters of State, or take other evidence to enable it to determine on its admissibility.

(3) If for such a purpose it is necessary to cause any document to be translated, the Court may, if it thinks fit, direct the translator to keep the contents secret, unless the document is to be given in evidence and, if the interpreter disobeys such direction, he shall be held to have committed an offence under section 198 of the Bharatiya Nyaya Sanhita, 2023:

Provided that no Court shall require any communication between the Ministers and the President of India to be produced before it.

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

Court Sec 2(1)(a) Document Sec 2(1)(b) Evidence Sec 2(1)(c)

Legal Commentary & Landmark Judgments: Section 165

Section 165 governs the production of documents, providing that a witness summoned to produce a document shall bring it to Court notwithstanding any objection, and the Court shall decide on the validity of the objection.

Duty of Physical Production: The witness must physically bring the document to court; they cannot refuse to attend on the ground that the document is privileged.
Judicial Determination of Objection: The judge, not the witness, determines the validity of any objection regarding admissibility or privilege.
Judicial Inspection Power: The court may inspect the document, unless it refers to affairs of State under Section 129, and may take evidence to determine admissibility.

Key Landmark Precedents:

State of Punjab v. Sodhi Sukhdev Singh (AIR 1961 SC 493): The Supreme Court held that under Section 162 IEA (Section 165 BSA), a witness must bring the document to court; the court then holds an inquiry into the claim of privilege.
S.P. Gupta v. Union of India (1981) Supp SCC 87: Reiterated that the court possesses the inherent statutory power to inspect documents to adjudicate executive claims of privilege.

Courtroom Practice & Strategic Litigation Guidance:

If a government department refuses to bring summoned records to court claiming 'confidentiality', remind the court of Section 165 BSA: physical production is mandatory; the claim of privilege can be evaluated only after the file is brought before the judge.