Cross examination of person called to produce a document
Section 144 of the Bharatiya Sakshya Adhiniyam, 2023 deals with cross examination of person called to produce a document. A person summoned to produce a document does not become a witness by the mere fact that he produces it, and cannot be cross-examined unless and until he is called as a witness. The Act came into force on 01 Jul 2024.
A person summoned to produce a document does not become a witness by the mere fact that he produces it, and cannot be cross-examined unless and until he is called as a witness.
Section 144, The Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023).
Replaces a provision of the Indian Evidence Act
IEA 139 Cross-examination of person called to produce a document Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Dr. Padamsinha B. Patil vs Central Bureau of Investigation
Decided under Indian Evidence Act 139, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
While the right of an accused to examine defence witnesses is fundamental and ordinarily cannot be curtailed, the court has discretion under Section 233(3) of the CrPC to refuse such applications if made for vexation, delay, or defeating ends of justice. However, this discretion must be exercised judicially. The court cannot reject defence witnesses merely on grounds of delay when the prosecution has taken years to examine its witnesses. Critically, if the prosecution does not examine witnesses whose statements were recorded during investigation under Section 161 of the CrPC, and the defence alleges these witnesses were deliberately withheld, the accused cannot be deprived of the opportunity to examine them in defence, provided such witnesses have potential to throw light on the occurrence. The relevancy of evidence must be determined by whether it bears on the facts in issue or relevant facts under Section 5 of the Indian Evidence Act, not by whether it relates to the character or background of the deceased.
On this section: Cited by accused in application regarding examination of witnesses and production of documents.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 144
What have the courts held on Section 144 of the Bharatiya Sakshya Adhiniyam?
Dr. Padamsinha B. Patil vs Central Bureau of Investigation (06 Mar 2020) is the leading judgment on this section among those set out below, though it was decided under IEA 139, which this section replaced -- the court never mentioned this Act: Cited by accused in application regarding examination of witnesses and production of documents.
How do I find court cases under Section 144 of the Bharatiya Sakshya Adhiniyam?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BSA 144, section 144 BSA, section 144 of the Bharatiya Sakshya Adhiniyam. People searching for it also type bsa troop 144. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Dr. Padamsinha B. Patil vs Central Bureau of Investigation (06 Mar 2020).
What should I read with Section 144 of the Bharatiya Sakshya Adhiniyam, and has it changed?
It carries forward IEA 139 (Cross-examination of person called to produce a document), so the judgments decided under that provision are the case law on this one.
When did Section 144 of the Bharatiya Sakshya Adhiniyam come into force?
Section 144 of the Bharatiya Sakshya Adhiniyam, cited as BSA 144, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 26. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant1128 words
- 12. Facts showing existence of state of mind, or of body or bodily feeling1076 words
- 95. Exclusion of evidence of oral agreement815 words
- 2. Definitions794 words
- 6. Motive, preparation and previous or subsequent conduct773 words
- 63. Admissibility of electronic records764 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.