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Q128 (CISF/2019) Polity & Governance › Judiciary

A is summoned by Court to produce a particular document. Which one of the following is correct in relation to his examination?

Explanation

According to Section 139 of the Indian Evidence Act, 1872 (and Section 142 of the Bharatiya Sakshya Adhiniyam, 2023), a person summoned to produce a document does not become a witness by the mere fact that he produces it. Because the person does not automatically acquire the status of a witness through the act of production alone, he cannot be cross-examined unless and until he is called as a witness by one of the parties to testify. The law distinguishes between a person who merely acts as a physical medium to bring a document to court and a witness who provides oral testimony to prove facts. Therefore, option B is the correct legal position.

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