Section 165 of BSA : Section 165: Production of documents.

Explanation using Example

Example 1:

Scenario: A civil dispute over property ownership.

Context: Rajesh and Suresh are in a legal battle over the ownership of a piece of land. Rajesh claims that he has the original sale deed that proves his ownership, while Suresh disputes this claim.

Application of Section 165:

1. Summoning the Document: The court summons Rajesh to produce the original sale deed.
2. Objection: Rajesh objects, stating that the document is confidential and should not be produced in court.
3. Court's Decision: Despite Rajesh's objection, he is required to bring the document to court. The court will then decide on the validity of his objection.
4. Inspection: The court inspects the sale deed to determine its admissibility as evidence.
5. Translation: If the sale deed is in a regional language, the court may direct a translator to translate it, ensuring the translator keeps the contents secret unless the document is admitted as evidence.

Example 2:

Scenario: A criminal case involving bribery allegations.

Context: Anil, a government official, is accused of accepting a bribe. The prosecution claims to have a diary maintained by Anil that records the bribes he received.

Application of Section 165:

1. Summoning the Document: The court summons Anil to produce the diary.
2. Objection: Anil objects, arguing that the diary contains personal information unrelated to the case.
3. Court's Decision: Anil must bring the diary to court despite his objection. The court will then decide whether his objection is valid.
4. Inspection: The court inspects the diary to determine if the entries related to bribery are admissible as evidence.
5. Translation: If the diary entries are in a code or another language, the court may direct a translator to translate the entries, ensuring the translator keeps the contents secret unless the diary is admitted as evidence.
6. State Matters: If the diary contains sensitive information related to state matters, the court may decide not to inspect those parts.

Example 3:

Scenario: A defamation case involving a newspaper article.

Context: Priya sues a newspaper for defamation, claiming that an article published by the newspaper has damaged her reputation. The newspaper claims that they have documents proving the truth of the statements made in the article.

Application of Section 165:

1. Summoning the Document: The court summons the newspaper to produce the documents that allegedly prove the truth of the statements.
2. Objection: The newspaper objects, stating that the documents are confidential and protected by journalistic privilege.
3. Court's Decision: The newspaper must bring the documents to court despite their objection. The court will then decide on the validity of the objection.
4. Inspection: The court inspects the documents to determine their admissibility as evidence.
5. Translation: If the documents are in a foreign language, the court may direct a translator to translate them, ensuring the translator keeps the contents secret unless the documents are admitted as evidence.
6. State Matters: If the documents contain sensitive information related to state matters, the court may decide not to inspect those parts.