Report No. 185
The Section refers to 'cross-examination of person called to produce a document'. It reads as follows:
"139. A person summoned to produce a document does not become a witness by the mere fact that he produces it, and cannot be crossexamined unless and until he is called as a witness."
Any person summoned merely to produce a document shall be deemed to have complied with the summons, if he causes such document to be produced instead of attending personally to produce the same. (Parameshwari v. State: AIR 1977 SC 403).
In this connection, Order 16 Rules 6 and 15 of the Code and Section 91(2) of the Code of Criminal Procedure, 1973 are relevant.
Omission to produce a document when required by a Court is an offence under Section 175 of the Indian Penal Code. See Section 345 of the Code of Criminal Procedure, 1973 also.
We agree with para 78.3 of the 69th Report that no amendment is necessary in Section 139.