Section 136 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Certainly! Here's a detailed explanation of Section 136 of the Bharatiya Sakshya Adhiniyam, 2023 (Indian Evidence Act, 2023):
๐ Section 136: Production of Documents or Electronic Records Which Another Person, Having Possession, Could Refuse to Produce
Text of Section 136:
"No one shall be compelled to produce documents in his possession or electronic records under his control, which any other person would be entitled to refuse to produce if they were in his possession or control, unless such last-mentioned person consents to their production."(lawfyi.io)
๐ Meaning and Application
Section 136 addresses the issue of compelling a person to produce documents or electronic records that are in their possession or control but belong to another person. It establishes that an individual cannot be forced to produce such documents or records unless the person who owns them consents to their production.
This provision recognizes the principle of privilege and confidentiality, ensuring that individuals are not compelled to disclose information that they are not legally obligated to reveal.
โ๏ธ Legal Significance
Protection of Privilege: Safeguards individuals from being compelled to disclose documents or records that are protected by legal privilege or confidentiality agreements.
Respect for Ownership Rights: Respects the ownership rights of individuals over their documents and electronic records, preventing unauthorized disclosure.
Encourages Trust: Promotes trust in legal proceedings by ensuring that confidential information is not disclosed without proper consent.
๐งพ Example
Suppose Person A possesses an email correspondence between Person B and Person C. If Person B has a legal right to refuse the production of these emails, Person A cannot be compelled to produce them in court unless Person B consents to their disclosure.
๐ Related Sections
Section 135: Production of title-deeds of witness not a party.
Section 137: Witness not excused from answering on ground that answer will criminate.
Section 138: Accomplice.(
Section 139: Number of witnesses.
Section 140: Order of production and examination of witnesses
In summary, Section 136 of the Bharatiya Sakshya Adhiniyam, 2023, ensures that individuals are not unjustly compelled to produce documents or electronic records that belong to others and are protected by legal rights. It upholds the principles of privilege, confidentiality, and ownership in legal proceedings.
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