Section – 162. Productions of documents
A witness summoned to produce a document shall, if it is in his possession or power, bring it to Court, notwithstanding any objection which there may be to its production or to its admissibility. The validity of any such objection shall be decided on by the Court.
The Court, if it sees fit, may inspect the document, unless it refers to matters of State, or take other evidence to enable it to determine on its admissibility.
Translation of documents – If for such a purpose it is necessary to cause any document to be translated, the Court may, if it thinks fit, direct the translator to keep the contents secret, unless the document is to be given in evidence : and, if the interpreter disobeys such direction , he shall be held to have committed an offence under section 166 of the Indian Penal Code (45 of 1860).
Commentary
This section says that a witness when summoned to produce a document must produce it if he has it in his possession.
If there are any objections with regard to its production or admissibility, the Court will deal with it. The Court may also inspect the document unless it refers to matters of the state.
In case the documents need to be translated, it can be done so by a translator who must keep the contents confidential. If the translator leaks the content of the said document, he shall be charged under Section 166, IPC for disobeying the law.
Section – 163. Giving, as evidence, of document called for and produced on notice
When a party calls for a document which he has given the other party notice to produce, and such document is produced and inspected by the party calling for its production, he is bound to give it as evidence if the party producing it requires him to do so.
This section mentions that when a party asks another party for a document to be produced, and it has been produced and inspected by the party that asked for it, he must give it as evidence if the party producing thinks fit.
To understand this better, let us say:
Hari and Ravi are parties to a case.
Hari wants a document that is in possession of Ravi.
Hari must give Ravi notice to produce the document.
After receiving the notice, Ravi has given the document to Hari.
Hari has inspected the document given by Ravi.
Now, Hari must give that document as evidence to the Court if Ravi says so.
Section – 164. Using, as evidence, of document production of which was refused on notice
When a party refuses to produce a document which he has had notice to produce, he cannot afterwards use the document as evidence without the consent of the other party or the order of the Court.
Illustration
A use B on an agreement and gives B notice to produce it, At the trial A calls for the document and B refuses to produce it. A gives secondary evidence of its contents. B seeks to produce documents itself to contradict the secondary evidence given by A, or in order to show that the agreement is not stamped. He cannot do so
This Section talks about the consequences when a party upon receiving the notice to produce a document, does not do so.
If under the aforementioned situation:
Ravi does not give the document to Hari.
If sometime later, Ravi wants to use that document as evidence, he will not be able to do so without Hari’s consent.
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