Section 85 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 83 – Bharatiya Sakshya Adhiniyam (BSA), 2023
Title / Essence
Power to Summon Witnesses and Production of Documents
1. Purpose of Section 83
Section 83 deals with the authority of courts or investigating agencies to summon witnesses and require documents or evidence during a legal proceeding. Its main objectives are:
Ensure effective collection of evidence for trials.
Empower courts or authorized officers to compel attendance of witnesses.
Prevent obstruction in legal proceedings due to refusal to produce evidence or documents.
2. Scope of Section 83
Section 83 applies to:
Witnesses who may provide relevant testimony in a legal proceeding.
Persons or entities holding documents, records, or materials relevant to an investigation or trial.
All proceedings under the BSA, including criminal and civil matters where evidence is needed.
3. Key Provisions
Summoning Witnesses:
A court or authorized officer may issue a summons directing a person to appear and give evidence.
Production of Documents:
Any person in possession of relevant documents, records, or other materials may be required to produce them before the court.
Mode of Service:
Summons must be served personally or in accordance with procedures specified by law.
Non-Compliance:
Refusal to comply without reasonable cause can result in penalties, including fines or imprisonment, as per the provisions of the Act.
4. Legal Principles
Relevance of Evidence: Only evidence or documents relevant to the matter at hand can be compelled.
Protection Against Harassment: Section 83 balances the authority to summon with safeguards against abuse or undue harassment.
Obligation to Comply: Witnesses and document holders have a legal duty to cooperate with courts or investigating officers.
Penalties for Non-Compliance: The law ensures compliance by providing for consequences if summons are ignored.
5. Illustrative Examples
Example 1:
A witness who saw a traffic accident is summoned to give testimony in court.
➡ Required to appear and provide evidence.
Example 2:
A company holds CCTV footage related to a criminal investigation. The court issues a summons for the production of the footage.
➡ The company must produce the footage.
Example 3:
An accountant refuses to provide bank records relevant to a fraud case after a lawful summons.
➡ Penalties may apply for non-compliance under Section 83.
6. Importance of Section 83
Ensures that justice is not hindered due to absence of witnesses or failure to produce documents.
Empowers authorities to collect crucial evidence efficiently.
Provides a legal mechanism to penalize obstruction or refusal to provide evidence.
7. Summary Table
| Aspect | Details |
|---|---|
| Offence / Power | Summoning witnesses and requiring production of documents |
| Who is involved | Witnesses, document holders, persons in possession of evidence |
| Authority | Courts or authorized investigating officers |
| Legal Duty | Appear in court and provide evidence/documents as summoned |
| Non-Compliance | Penalties include fines or imprisonment |
| Examples | Witness testimony, production of CCTV footage, bank records |
| Purpose | Ensure collection of evidence, prevent obstruction of justice, enable fair trials |
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