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Report No. 185

Section 162

This Section refers to 'production of documents.- A witness summoned to produce a document shall, if it is in his possession or power, bring it to Court, notwithstanding any objection which there may be to its production or to its admissibility. The validity of any such objection shall be decided on by the Court.

The Court, if it sees fit, may inspect the document, unless it refers to matters of State, or take other evidence to enable it to determine on its admissibility.

Translation of document.- If for such a purpose, it is necessary to cause any document to be translated, the Court may, if it thinks fit, direct the translator to keep the contents secret, unless the document is to be given in evidence; and, if the interpreter disobeys such direction, he shall be held to have committed an offence under Section 166 of the Indian Penal Code (45 of 1860)".

This Section has been examined while dealing with Section 123 and we have proposed amendment to Section 162. The recommendations made in our discussion under Section 123 may be looked into. We have recommended deletion of the words 'unless it refers to matter of State' from Section 162. The entire procedure for record or communication relating to affairs of State will now come under sect. 123.

Review of the Indian Evidence Act, 1872 Back

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