Section 162 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 162 – BSA 2023 (Power of Court to Summon Person to Produce Documents or Electronic Records)
1. Purpose of Section 162
Section 162 empowers a court or tribunal to require any person to produce documents, electronic records, or other evidence in a legal proceeding.
The main purpose is to facilitate the discovery of relevant evidence and ensure that the court has access to all materials necessary to decide a case.
2. Main Provisions
Summoning Persons:
The court may summon any person who is believed to have possession or control of a document or electronic record relevant to the case.
Scope:
The person summoned may be a party to the case or a third party.
Both physical documents and electronic records (emails, databases, digital files) fall under this section.
Purpose:
To produce documents or records.
To allow the court to inspect, examine, or take copies of the evidence.
3. Obligations of the Person Summoned
Appearance: The person must appear in court or comply with the notice issued.
Production of Documents or Records: They must deliver or allow inspection of the requested documents or electronic records.
Failure to Comply: Non-compliance may lead to penalties, including contempt of court or other legal consequences.
4. Powers of the Court
The court has discretion to:
Specify Format: Require records in physical or electronic form.
Direct Safe Custody: Ensure confidential or sensitive information is handled securely.
Allow Copies: Permit the court or parties to take copies or extracts for case proceedings.
Assess Relevance: Reject irrelevant or immaterial documents.
5. Exceptions
Privileged Documents:
Documents protected by law (legal professional privilege, state secrets, confidential communications) may not be compelled.
Documents Already Produced:
If the documents or records are already part of the case record, the court may not require re-production.
Unduly Burdensome Requests:
The court may refuse requests that are oppressive, excessive, or irrelevant.
6. Practical Examples
Civil Case – Contract Dispute:
The court can summon a third-party accountant to produce financial records relevant to a contractual obligation.
Criminal Case – Fraud Investigation:
Banks or companies may be summoned to produce digital transaction records to prove financial fraud.
E-Records:
Emails, WhatsApp messages, or database logs can be summoned as part of digital evidence discovery.
7. Legal Significance
Section 162 enhances judicial access to evidence, ensuring fairness in proceedings.
It allows the court to compel third parties who are not part of the lawsuit but hold relevant documents.
Supports modern cases involving digital and electronic evidence.
Aligns with principles of discovery and inspection in civil and criminal law.
8. Summary Table
| Feature | Section 162 – BSA 2023 |
|---|---|
| Purpose | Court can summon persons to produce documents or electronic records |
| Who can be summoned | Parties or third parties holding relevant evidence |
| Type of evidence | Physical documents, digital/electronic records |
| Obligations | Appear in court, produce requested records, allow inspection/copies |
| Court powers | Inspect, allow copying, specify format, ensure confidentiality |
| Exceptions | Privileged documents, already produced, irrelevant or burdensome |
| Penalties | Contempt of court or other legal consequences for non-compliance |
In short:
Section 162 gives the court broad powers to summon documents and electronic records from anyone, ensuring that all relevant evidence can be accessed during a proceeding. It balances judicial authority with protection for privileged or sensitive material.
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