Section 165 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Certainly! Here's an explanation of Section 165 of the Bharatiya Sakshya Adhiniyam, 2023:
📄 Section 165: Production of Documents
This section outlines the obligations and procedures related to the production of documents by witnesses during legal proceedings.(snappar.com)
Subsection (1): Obligation to Produce Documents
A witness who has been summoned to produce a document must bring it to court if it is within their possession or control. This requirement stands even if there are objections regarding the document's production or admissibility. However, the court will determine the validity of any such objections.(thelawadvice.com, vidhiadda.com)
Subsection (2): Court's Role in Document Inspection
The court has the discretion to inspect the document to assess its admissibility, unless the document pertains to matters of state. Additionally, the court may consider other evidence to aid in determining the document's admissibility.(thelawadvice.com, vidhiadda.com)
Subsection (3): Translation and Confidentiality
If a document requires translation for the proceedings, the court may direct the translator to maintain confidentiality regarding the document's contents, unless the document is to be presented as evidence. Should the translator violate this directive, they may be deemed to have committed an offense under Section 198 of the Bharatiya Nyaya Sanhita, 2023.
Furthermore, the court is prohibited from compelling the production of communications between government ministers and the President of India.
In essence, Section 165 ensures that witnesses fulfill their obligation to produce relevant documents while safeguarding sensitive information and upholding the integrity of legal proceedings.
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