The Bharatiya Sakshya Adhiniyam, 2023
ARRANGEMENT OF SECTIONS
PART IV: PRODUCTION AND EFFECT OF EVIDENCE
CHAPTER X: OF EXAMINATION OF WITNESSES
Section 144: Cross-examination of person called to produce a document.
Bare Act
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.
Simplified Act
- If someone is asked to bring a document to court, just bringing the document does not make them a witness.
- They cannot be questioned by the other side's lawyer unless they are officially called to testify as a witness.
Explanation using examples
Example 1:
Scenario: Ravi is summoned to court to produce a contract document related to a business deal between two companies, A and B. Ravi is not directly involved in the case but has possession of the document.
Application of Section 144: Ravi brings the contract document to court as requested. The lawyer for Company A wants to question Ravi about the contents of the document and his knowledge of the business deal. However, under Section 144 of The Bharatiya Sakshya Adhiniyam 2023, Ravi cannot be cross-examined just because he produced the document. He can only be cross-examined if he is formally called as a witness by either party.
Example 2:
Scenario: Priya, an employee at a bank, is summoned to produce bank statements of a client, Mr. Sharma, who is involved in a fraud case. Priya brings the bank statements to the court.
Application of Section 144: The prosecutor wants to ask Priya questions about the transactions listed in the bank statements and her knowledge of Mr. Sharma's banking activities. According to Section 144, Priya cannot be cross-examined merely because she produced the bank statements. She can only be cross-examined if she is officially called as a witness in the case.
