Section 237 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023

11 Jun 2025 --
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Section 237 — Failure to Produce Document or Electronic Record When Lawfully Required

(Bharatiya Sakshya Adhiniyam, 2023)**

1. What Is Section 237 About?

Section 237 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) makes it an offence for anyone who is lawfully required to produce a document or electronic record, but fails or refuses to do so without a reasonable excuse.

In simple words:

If a person is legally told to produce certain evidence (documents or electronic records),

and they do not provide it,

then they may be guilty of an offence under Section 237.

This provision helps ensure that evidence required for investigation or trial is made available when lawfully demanded.

2. Why Does the Law Include This Provision?

The justice system depends on the availability of all relevant evidence. When a person refuses to produce a document or electronic record that is necessary for:

✔ Investigation
✔ Trial
✔ Court proceedings
✔ Prevention of injustice

it obstructs the truth‑finding process.

Section 237 ensures that people cannot hide or withhold important evidence simply by refusing to produce it.

3. Key Elements (Ingredients) of Section 237

To understand when Section 237 applies, note these essential components:

(a) A Lawful Requirement to Produce

A court, investigating officer, or other competent authority lawfully asks a person to produce a document or electronic record.

The requirement must be validly issued under law, not just a casual request.

(b) The Person Has Custody or Control

The document or electronic record must be in the possession, custody, or control of the person ordered to produce it.

(c) Failure or Refusal to Produce

The person fails, refuses, or neglects to produce the document/record as required.

(d) No Reasonable Excuse

The refusal is without a reasonable explanation or legally acceptable justification.

4. What Types of Evidence Are Covered?

Section 237 applies to:

(a) Documents

Examples:

Contracts

Letters

Financial records

Agreements

Official papers

(b) Electronic Records

Examples:

Emails

Chat messages

Digital files

Data stored on computers, mobile phones, or cloud servers

This recognizes that evidence can be digital or physical.

5. Examples to Understand Section 237

Example 1

A court orders X to present bank statements relating to a fraud case.
X refuses without any explanation.
→ X is liable under Section 237 for failing to produce the requested evidence.

Example 2

An investigating officer requests Y to give access to email records stored in Y’s phone.
Y shuts off the phone and refuses to unlock it.
→ Y can be guilty under Section 237 for refusal to produce electronic evidence.

Example 3

Z says the documents have been lost and cannot be produced.
If Z provides a reasonable explanation with supporting proof, then there may be no offence under Section 237.

6. Punishment Under Section 237

Section 237 makes this conduct punishable, which may include:

✔ Imprisonment
✔ Fine
✔ Both imprisonment and fine

The exact sentencing depends on:

The seriousness of the case

The importance of the missing evidence

Whether the refusal was deliberate or genuinely excusable

The law treats this offence seriously because failing to produce relevant evidence can obstruct justice.

7. Difference Between Refusal to Cooperate vs. Section 237 Offence

Situation	Offence?	Reason
Person refuses to speak to police	No	Not a lawful requirement to produce evidence
Person refuses to hand over required documents	Yes (S. 237)	Court/investigating officer lawfully required production
Person loses evidence accidentally and gives proof	Likely no	Reasonable excuse
Person destroys evidence to hide truth	Yes	Intent to obstruct justice

Key point: Not every refusal is an offence; it must be to lawfully required evidence and without reasonable excuse.

8. Relationship with Other Provisions

Section 237 supports other evidence and investigation provisions by ensuring:

Courts and investigating officers are not frustrated by uncooperative persons

Important evidence is accessible and brought before judicial authorities

No person can shield evidence by refusing to produce it when lawfully asked

It complements related rules on:

Summons to produce documents

Search and seizure powers

Judicial orders

9. Policy Reason Behind Section 237

The core purpose is:

✔ Promoting truth in judicial proceedings
✔ Preventing obstruction of justice
✔ Ensuring fairness and accountability
✔ Strengthening the fact‑finding process

Without section 237, persons holding crucial evidence could simply refuse to produce it, harming the justice system.