Cross-examination of person called to produce a document
Section 139 of the Indian Evidence Act, 1872 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 Sep 1872. Repealed by section 170 of the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
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 139, The Indian Evidence Act, 1872 (Act 1 of 1872).
Now in the Bharatiya Sakshya Adhiniyam
BSA 144 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 The repealed enactment still governs what happened while it was in force.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
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.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… In view of the aforesaid discussion as well as in the light of the aforesaid judgments, this Court is of the considered view that cross-examination of aforesaid witnesses is not permissible under Section 139 of Indian Evidence Act, 1872 as plaintiff summoned them to produce documents only." 5. On a careful perusal of the aforesaid order, unhesitatingly the present revision petition is devoid of any merits. There is no legal necessity to allow the petitioner to cross-examine the official witnesses who have merely …
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… above discussion, the only conclusion that can be arrived is, no hard and fast rule can be laid down and the court which confronted with such question has to come into a judicial conclusion based upon the facts and circumstances involved in each case in the light of Section 91 of the Code of Criminal Procedure and Section 139 of the Indian Evidence Act especially in the back ground of Article 20(3) of the Constitution of India. In short, merely because a person is an accused or likely to become an accused, there is no legal impediment for issuing a direction under Section 91 of the Code of Criminal :-45-: Procedure …
Questions about Section 139
What have the courts held on Section 139 of the Indian Evidence Act?
Dr. Padamsinha B. Patil vs Central Bureau of Investigation (06 Mar 2020) is the leading judgment on this section among those set out below: Cited by accused in application regarding examination of witnesses and production of documents.
How do I find court cases under Section 139 of the Indian Evidence Act?
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: IEA 139, section 139 IEA, section 139 of the Indian Evidence 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 Dr. Padamsinha B. Patil vs Central Bureau of Investigation (06 Mar 2020).
What should I read with Section 139 of the Indian Evidence Act, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BSA 144 (Cross examination of person called to produce a document), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 139 of the Indian Evidence Act come into force?
Section 139 of the Indian Evidence Act, cited as IEA 139, came into force on 01 Sep 1872, having been enacted on 15 Mar 1872. It is no longer in force.
Other sections of this Act
- 32. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant1207 words
- 14. Facts showing existence of state of mind, or of body of bodily feeling1080 words
- 92. Exclusion of evidence of oral agreement809 words
- 8. Motive, preparation and previous or subsequent conduct773 words
- 65B. Admissibility of electronic records743 words
- 3. Interpretation-clause667 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. Recovered from the consolidated text published by India Code (item e51341fa-7528-4327-9a57-5d194e16db6f). This page is not a substitute for legal advice.