Production of documents
Section 165 of the Bharatiya Sakshya Adhiniyam, 2023 deals with production 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: Provided that the validity of any such objection shall be decided on by the Court. The Act came into force on 01 Jul 2024.
(1) 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:
Provided that the validity of any such objection shall be decided on by the Court.
(2) 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
(3) 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 198 of the Bharatiya Nyaya Sanhita, 2023:
Provided that no Court shall require any communication between the Ministers and the President of India to be produced before it.
Section 165, The Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023).
Replaces a provision of the Indian Evidence Act
IEA 162 Production of documents Text carried over almost unchanged 93%
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 The repealed enactment still governs what happened while it was in force.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.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
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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Ladi vs State of Haryana
Decided under Indian Evidence Act 162, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
An accused has an indefeasible right to fair trial and equal opportunity to prove his innocence. Electronically recorded conversations are admissible as documentary evidence under the amended Indian Evidence Act and Information Technology Act 2000 when: (1) the conversation is relevant to matters in issue; (2) the voice is properly identified; and (3) the accuracy of the recorded conversation is proved by eliminating the possibility of tampering, erasure, addition or manipulation. Courts must exercise their powers under Section 311 CrPC and Section 165 Evidence Act to examine witnesses and elicit evidence essential to just decision, taking a participatory role in trials to arrive at truth. When a witness has not been cross-examined on material evidence that subsequently emerges, courts should grant opportunity for re-examination to ensure fair trial.
On this section: Discussed in context of whether tape-recorded conversation is inadmissible as statement made to police during investigation.
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 165
What have the courts held on Section 165 of the Bharatiya Sakshya Adhiniyam?
Ladi vs State of Haryana (02 May 2013) is the leading judgment on this section among those set out below, though it was decided under IEA 162, which this section replaced -- the court never mentioned this Act: Discussed in context of whether tape-recorded conversation is inadmissible as statement made to police during investigation.
How do I find court cases under Section 165 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 165, section 165 BSA, section 165 of the Bharatiya Sakshya Adhiniyam. People searching for it also type 165 bsa act. 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 Ladi vs State of Haryana (02 May 2013).
What should I read with Section 165 of the Bharatiya Sakshya Adhiniyam, and has it changed?
Its own text turns on Bharatiya Nyaya Sanhita 198 (Public servant disobeying law, with intent to cause injury to any person), so none of them can safely be read on its own. It carries forward IEA 162 (Production of documents), so the judgments decided under that provision are the case law on this one.
When did Section 165 of the Bharatiya Sakshya Adhiniyam come into force?
Section 165 of the Bharatiya Sakshya Adhiniyam, cited as BSA 165, 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.