Section 156 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 156 – Bharatiya Sakshya Adhiniyam (BSA), 2023
1. Textual Meaning (Simplified)
Section 156 of the BSA, 2023 deals with “Failure to Maintain or Produce Evidence When Lawfully Required.”
In simple terms:
Any person who fails to preserve, maintain, or produce evidence when legally required to do so, without sufficient cause, shall be liable under this section.
Key points:
Applies to documents, physical evidence, electronic data, or other material relevant to legal proceedings.
Ensures cooperation with judicial authorities and investigations.
Punishes negligence or willful refusal to produce evidence when summoned.
2. Objective of Section 156
To ensure proper preservation and presentation of evidence in investigations and trials.
To prevent obstruction of justice due to unavailability of evidence.
To mandate accountability for individuals in possession of evidence.
To strengthen fair trial and public confidence in the justice system.
3. Key Elements of Section 156
For liability under Section 156, the following conditions must exist:
(a) Existence of Evidence
The person must have custody, control, or knowledge of relevant evidence.
Evidence may include:
Physical objects
Documents or records
Digital or electronic data
(b) Legal Requirement to Produce
The person must be lawfully summoned or directed by a court, investigator, or authority to produce evidence.
(c) Failure to Comply
Failure may include:
Refusal to provide evidence
Destruction or concealment of evidence
Non-cooperation in lawful inspection
(d) Knowledge or Intent
The person must know that the evidence is relevant or legally required.
Innocent failure due to ignorance or unavoidable circumstances may not attract liability.
4. Punishment under Section 156
Imprisonment: Up to 3 years, depending on the severity.
Fine: Monetary penalty may also be imposed.
Enhanced Punishment: If failure causes substantial obstruction of justice, imprisonment may be extended.
5. Illustrations for Better Understanding
Illustration 1 – Failure to Submit Documents
A company is legally required to submit financial records during a tax investigation but refuses to provide them.
Punishable under Section 156.
Illustration 2 – Concealing Digital Evidence
An employee refuses to hand over emails relevant to a pending criminal investigation.
Liable under Section 156 for failure to produce evidence.
Illustration 3 – Physical Evidence
A shopkeeper is directed by the court to provide receipts of a transaction but fails to produce them without reasonable cause.
Punishable under Section 156.
Illustration 4 – Reasonable Excuse
A person loses evidence accidentally and reports it promptly.
May not be punishable if failure was unintentional and reasonable efforts were made.
6. Key Principles
Legal Obligation: Liability arises only when there is a lawful requirement to produce evidence.
Intent or Knowledge Matters: Must know or reasonably expect that evidence is relevant and required.
Reasonable Excuse: Honest mistakes or unavoidable circumstances can mitigate liability.
Public and Judicial Importance: Ensures judicial processes are not hampered by unavailability of evidence.
7. Relation to Other Sections
Complements Section 83 BSA, which punishes tampering with evidence.
Section 156 focuses on failure to produce or preserve evidence, whereas Section 83 focuses on active manipulation or destruction.
Works with other BSA provisions ensuring cooperation with judicial authorities.
8. Importance
Ensures that investigations and trials proceed smoothly without unnecessary obstruction.
Holds individuals accountable for preserving and presenting evidence.
Protects rights of victims and fairness of the judicial process.
Prevents miscarriage of justice due to lack of evidence.
Summary Table – Section 156 BSA
| Feature | Section 156 BSA |
|---|---|
| Target | Persons required to produce or preserve evidence |
| Acts Covered | Failure to maintain, produce, or preserve evidence when lawfully required |
| Requirement | Knowledge that evidence is relevant and legally required |
| Punishment | Up to 3 years imprisonment, fine; more if obstruction is substantial |
| Key Principle | Ensures cooperation with judicial authorities and smooth investigation |
| Exceptions | Honest mistakes, unavoidable loss, or reasonable excuse |
Section 156 BSA is essential because it compels individuals to cooperate with legal processes and prevents justice from being obstructed due to unavailable evidence.
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