Section – 130. Production of title-deeds of witness not a party

No witness who is not a party to a suit shall be compelled to produce his title-deeds to any property, or any document in virtue of which he holds an property as pledges or mortgagee or any document the production of which might tend to criminate him, unless he has agreed in writing to produce them with the person seeking the production of such deeds or some person through whom he claims.

Section 130 protects the witness who is not a party to a suit or proceeding. The section provides that a witness who is not a party to a suit cannot be compelled to produce:

(i) His title deed of any property,
(ii) Any deed or document by virtue of which he is pledgee or mortgagee of any property, and
(iii) Any document, the production of which might tend to criminate him

Section – 131. 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 131 says that if anyone is entitled to refuse the production of a document, the privilege or protection of a document should not suffer simply because it is in the possession of another. Thus any such person who is in possession is not compellable to produce it. Word compellable in the section indicates that the person in possession will be allowed to produce the document which other would be entitled to refuse

Section – 132. 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

where a witness is questioned relevant to the matter in issue in any civil suit or criminal proceeding he can be compelled to answer all questions and cannot be excused from answering any question on the ground that the answer might expose him to civil or criminal proceeding or may tend to his prejudice.

The proviso, on the other hand, protects witness that if a witness is compelled to give answer, he shall not be liable for arrest or prosecution nor the answer can be proved against him in any criminal proceeding. However if the answer is false, the witness may be prosecuted for giving false evidence

it is crystal clear that if the question is relevant to the matter in issue, the court has no option but to compel the witness to answer though the answer to such question will or may tend directly or indirectly to incriminate him. This compulsion is by the statute itself.

Watch this topic – Section – 130 to 132 of Evidence Act – Exemption to Produce Deeds by Witness on YouTube

No comment

Leave a Reply

Your email address will not be published. Required fields are marked *