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What is Production of documents or electronic records which another person, having possession, could refuse to produce What is witness not excused from answering on ground that answer will criminate Section 131 and 132 of Indian Evidence Act 1872

Production of documents or electronic records which another person, having possession, could refuse to produce and Witness not excused from answering on ground that answer will criminate are defined under section 131 and 132 of Indian Evidence Act 1872. Provisions under these sections are:

 

Section 131 of Evidence Act "Production of documents or electronic records which another person, having possession, could refuse to produce"

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.


 

Section 132 of Evidence Act "Witness not excused from answering on ground that answer will criminate"

A witness shall not be excused from answering any question as to any matter relevant to the matter in issue in any suit or in any civil or criminal proceeding, upon the ground that the answer to such question will criminate, or may tend directly or indirectly to criminate, such witness, or that it will expose, or tend directly or indirectly to expose, such witness to a penalty or forfeiture of any kind:

Proviso - Provided that no such answer, which a witness shall be compelled to give, shall subject him to any arrest or prosecution, or be proved against him in any criminal proceeding, except a prosecution for giving false evidence by such answer.

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