Bharatiya Sakshya Adhiniyam, 2023

BSA Section 165

Production of documents

In one line

BSA Section 165 deals with production of documents and replaces Evidence Act 162.

Bare act text — BSA 165

165. Production of documents.

(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.

What changed from the Evidence Act

  • Evidence Act 162 → BSA 165: Paragraphs are numbered as subsections (1), (2) and (3)."Provided that" is added in proviso.
  • Evidence Act 162 → BSA 165: New proviso is added to the subsection (3).

Frequently asked

What was BSA Section 165 in the Evidence Act?

BSA Section 165 (Production of documents) replaces Section 162 of the Indian Evidence Act, 1872. Evidence Act 162 is now BSA 165.

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