Section 136 of BSA : Section 136: Production of documents or electronic records which another person, having possession, could refuse to produce.

Explanation using Example

Example 1:

Ravi is a journalist who has obtained confidential documents from his source, Priya, who works at a government office. These documents contain sensitive information about a corruption scandal. The court summons Ravi to produce these documents as evidence. However, Priya, who originally had possession of these documents, would have the right to refuse to produce them due to their confidential nature. Therefore, under Section 136 of The Bharatiya Sakshya Adhiniyam 2023, Ravi cannot be compelled to produce these documents unless Priya consents to their production.

Example 2:

Anita is a lawyer representing a client, Raj, in a civil dispute. During the case, Anita comes into possession of Raj's personal emails that are crucial to the case. The opposing party requests the court to compel Anita to produce these emails as evidence. However, Raj, who originally had control over these emails, has the right to refuse to produce them due to attorney-client privilege. Therefore, under Section 136 of The Bharatiya Sakshya Adhiniyam 2023, Anita cannot be compelled to produce these emails unless Raj consents to their production.