Section 91 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 91 – Bharatiya Sakshya Adhiniyam (BSA), 2023
Textual Essence (Simplified)
Section 91 deals with the legal consequences of refusing to answer questions or provide evidence in judicial proceedings.
In essence:
Any person summoned by a court or authorized authority to give evidence—either as a witness, expert, or document-holder—must comply.
Refusal without lawful excuse is considered an offense under Section 91.
Purpose of Section 91
Ensure Cooperation in Justice System:
Courts rely on truthful testimonies and documents to administer justice.
Prevent Obstruction:
Discourages witnesses or other persons from deliberately withholding evidence, which can delay or obstruct legal proceedings.
Enforce Accountability:
Provides legal backing to compel individuals to give full and honest answers.
Key Elements of the Offense
To prosecute under Section 91, the following elements must be present:
Summons or Legal Notice:
The person must have been legally summoned by a court, tribunal, or authorized officer.
Refusal to Testify or Produce Evidence:
Can include:
Refusing to answer questions
Withholding documents or records
Giving false evidence intentionally
No Lawful Excuse:
Legitimate reasons (like privilege against self-incrimination or legal immunity) are exceptions.
Intent or Knowledge:
The person must knowingly refuse to cooperate without lawful justification.
Penalties Under Section 91
Imprisonment: Typically up to 6 months.
Fine: Can be imposed to compel compliance.
Contempt of Court: Persistent refusal may also amount to contempt, which has additional penalties.
Examples of Conduct Covered
Refusing to Answer:
A witness refuses to answer questions in a trial without any legal justification.
Withholding Documents:
A person refuses to provide bank records requested by the court.
Partial or False Testimony:
Giving misleading statements or hiding crucial facts knowingly.
Illustrative Scenario
During a civil dispute, the court summons a company accountant to submit financial records. The accountant refuses without a valid legal excuse.
Application of Section 91:
Accountant can be prosecuted for obstruction of justice and may face imprisonment or fines.
Comparison with Earlier Law
| Aspect | Earlier Law | BSA Section 91 |
|---|---|---|
| Focus | Witnesses giving evidence | Broad: anyone summoned to produce evidence or documents |
| Penalties | Limited | Clear imprisonment + fine, plus potential contempt powers |
| Scope | Mainly oral testimony | Includes documents, expert reports, and other evidence |
| Exceptions | Privileges recognized | Lawful excuses clearly incorporated |
Practical Impact
Strengthens judicial authority: Courts can compel witnesses or document-holders to cooperate.
Reduces obstruction in trials: Helps avoid delays caused by non-cooperation.
Ensures fair proceedings: Guarantees access to essential evidence for both prosecution and defense.
Balancing Act: Recognizes lawful privileges, preventing abuse of the provision.
✅ Summary
Section 91 of BSA, 2023:
Offense: Refusing to answer questions or provide evidence when legally summoned.
Key Elements: Legal summons, refusal, no lawful excuse, intent to obstruct.
Penalty: Up to 6 months imprisonment + fine; may also invoke contempt proceedings.
Purpose: Ensure cooperation in judicial proceedings, prevent obstruction, and uphold the justice system.
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