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Report No. 185

Section 131

But section 131 as proposed in para 69.12 of the 69th Report reads as follows:

"131. No one shall be permitted to produce documents in his temporary possession which any other person would be entitled to refuse to produce if they were in his possession, unless such last mentioned person consents to their production."

But, in our view, the words 'any person' does not convey the real principle behind the section. We are of the view that the following format will be better:

"131. Production of documents or electronic records which another person, having possession could refuse to produce.- No person who is in possession or control of documents or electronic records belonging to another, shall be compelled to produce the said documents or electronic records, if the person to whom they belonged, would have been entitled to refuse to produce them if they were in the possession or control of that person:

Provided that the person in possession or control of such documents or electronic records belonging to another, may be compelled to produce them, if the person to whom they belong, consents to their production.



Review of the Indian Evidence Act, 1872 Back




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