Section 144 BSA 2023: Cross-Examination of Person Called to Produce a Document

Text of Section 144 of the Bharatiya Sakshya Adhiniyam, 2023

Meaning and Scope of Section 144 BSA

Section 144 protects the distinction between production of a document and giving testimonial evidence. If a person is summoned only because a document is in that person's possession or control, compliance with the summons does not automatically place that person in the witness box.

Therefore, the opposite party does not acquire a right to cross-examine the person merely because the document has been produced. Cross-examination becomes available only when that person is separately called and examined as a witness.

Key Legal Points

• A summons to produce a document is not, by itself, the same as a summons to give oral evidence as a witness.
• Mere physical or formal production of a document does not convert the producer into a witness.
• The producer cannot be cross-examined solely on the basis of having produced the document.
• Cross-examination is permissible when the person is called as a witness and gives evidence in that capacity.
• The provision should be read with the surrounding BSA provisions governing examination-in-chief, cross-examination, re-examination and production of documents.

Practical Example

Suppose a bank employee is summoned only to bring specified account records to court. If the employee simply produces those records in compliance with the summons, Section 144 does not treat the employee as a witness merely for that reason. The adverse party cannot cross-examine the employee unless the employee is also called to give evidence as a witness.

Relationship with Nearby BSA Provisions

Section 144 follows Section 143, which deals with the order of examinations. It is followed by provisions dealing with witnesses to character, leading questions, evidence as to matters in writing, and cross-examination as to previous statements in writing.

Equivalent Provision under the Indian Evidence Act, 1872

The corresponding provision under the Indian Evidence Act, 1872 was Section 139, titled "Cross-examination of person called to produce a document." Section 144 BSA carries forward the same basic rule in the new evidence law framework.

Official Legal Sources

For the authoritative text and current status of the legislation, refer to the official India Code and Ministry of Home Affairs resources listed in the sidebar.