§ SECTION 165 · BSA 2023 · CHAPTER X — OF EXAMINATION OF WITNESSES

Production of documents

Bring it — the court will decide. A witness summoned to produce a document must bring it despite any objection; the court decides the objection, may inspect it (save matters of State), and may keep a translation secret. Minister–President communications, though, are never to be required.

How to read Section 165

Bring the summoned document to court even if you object — the court rules on the objection, may look at it (not if it concerns the State), and can seal a translation.

Bring it

A summoned witness must bring a document in his possession/power — despite any objection to its production or admissibility; the court decides the objection.

Court may inspect

The court may inspect the document to decide admissibility — unless it refers to matters of State.

Translation & a bar

A translator may be sworn to secrecy (an offence if he breaks it); and no court may require Minister–President communications.

The bare Act

The section in its own words — three sub-sections and two provisos.

Section 165 · verbatim

(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.

In short: when a document is summoned, the witness’s first duty is simply to bring it. Sub-section (1) makes this plain: if the document is in his possession or power, he must produce it in court notwithstanding any objection to its production or its admissibility — the objection does not excuse non-production. The proviso supplies the safeguard: the validity of that objection is for the Court to decide, not the witness. Sub-section (2) gives the court the tools to decide: it may inspect the document itself, or take other evidence, to rule on admissibility — with one exception, it may not inspect a document that refers to matters of State (echoing the affairs-of-State privilege in § 129). Sub-section (3) handles translation: where a document must be translated for this purpose, the court may direct the translator to keep its contents secret — unless the document is to go into evidence — and a translator who disobeys commits an offence under section 198 of the BNS 2023. Finally, a firm constitutional bar: no court shall require the production of any communication between the Ministers and the President of India.

→ This carries forward IEA 1872 §§ 162–163 — production despite objection, the court’s power to inspect, and translation secrecy.

Glossary

summoned to produce a document

Ordered by process to bring a document to court.

in his possession or power

Held by him or within his control.

notwithstanding any objection

He must bring it even if production or admissibility is disputed.

validity… decided by the Court

The court rules whether it need be produced or admitted.

inspect… unless matters of State

The court may examine it — except a State document (cf § 129).

translator secrecy / Minister–President bar

A translator bound to secrecy (BNS § 198); and an absolute bar on Minister–President communications.

The picture

Produce first, the court decides — inspecting all but State documents, sealing translations, and never touching Minister–President communications.

The section, part by part

Tap a part — the picture-story tells it first; the word-by-word text and example follow.

Bring it; court decides (1)-(2)Translation & the bar (3)

produce firstBring the document despite objection — the court rules

In one lineA summoned witness must bring the document notwithstanding any objection; the court decides the objection, and may inspect the document — unless it concerns matters of State.

(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:bring it, objection or not…if the document is in his possession or power, he must produce it — an objection is no excuse.

Provided that the validity of any such objection shall be decided on by the Court.→ the court rules on the objectionwhether it need be produced or admitted is for the Court to decide.

(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.(2) the court may inspect — save State documentsto decide admissibility the court may look at the document (or take other evidence) — except a document of State.

ExampleA bank officer summoned with a ledger, objecting on confidentiality, must still bring it. The court then decides the objection — and may inspect the ledger to rule — unless it were a State document, which it would not inspect.

✗ Not thisA witness cannot refuse to produce because he thinks the document inadmissible. Production and the decision on admissibility are separate — the court, not the witness, is the judge.

translation & barSeal the translation — and never touch Minister–President papers

In one lineThe court may bind a translator to secrecy (an offence under BNS § 198 if disobeyed) unless the document goes in evidence; and no court may require Minister–President communications.

(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:translator kept to secrecy, on pain of offencea document translated for the court’s ruling stays confidential — unless it is put in evidence; breach is punishable under BNS § 198.

Provided that no Court shall require any communication between the Ministers and the President of India to be produced before it.the constitutional barMinister–President communications are absolutely beyond production — no court may require them.

ExampleA document produced for a ruling is translated; the court seals the translator to secrecy while it decides. But the advice or communications passing between the Council of Ministers and the President can never be called for.

✗ Not thisThe secrecy on the translation is not absolute — it lifts once the document is given in evidence. The Minister–President bar, by contrast, is absolute.

Connected provisions

§ 164 · back

IEA 1872, §§ 162–163

Carried forward — production despite objection, the court’s power to inspect, and translation secrecy.

BSA 2023 § 165 — Production of documents