Section 144 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Certainly! Here's a detailed explanation of Section 144 of the Bharatiya Sakshya Adhiniyam, 2023 (Indian Evidence Act, 2023):
๐ Section 144: Cross-Examination of Person Called to Produce a Document
Text of Section 144:
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.(jurisquest.com)
๐ง Meaning and Scope
Section 144 addresses the role of individuals who are summoned to produce documents in legal proceedings. It clarifies that merely producing a document does not make the person a witness in the case. Therefore, such individuals cannot be cross-examined unless they are formally called to testify as witnesses.
This provision ensures that individuals who are not parties to the case and are only involved due to their possession of documents are not subjected to cross-examination without being formally introduced as witnesses.
โ๏ธ Practical Implications
Protection of Non-Party Individuals: Individuals who possess documents relevant to a case but are not parties to the case are protected from being cross-examined without being formally called as witnesses.(aaptaxlaw.com)
Clarification of Roles: This section helps in distinguishing between individuals who are merely producing documents and those who are actively participating in the case as witnesses.
Ensuring Fairness: By limiting cross-examination to those who are formally called as witnesses, the provision helps in maintaining the fairness of legal proceedings.
๐งพ Example
Scenario: An individual, 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.(kanoongpt.in)
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, Ravi cannot be cross-examined unless he is formally called as a witness.(kanoongpt.in)
๐ Summary
Section 144 of the Bharatiya Sakshya Adhiniyam, 2023, ensures that individuals who are summoned to produce documents are not subjected to cross-examination unless they are formally called as witnesses. This provision protects non-party individuals and helps maintain the fairness of legal proceedings.
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