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Report No. 88

7.2. Production.-

As regards the first topic (duty to produce), it should be noted that there is a distinction between bringing the document in court and its production in evidence. When a person is summoned to "produce" a document-the expression "production" is also used in the two procedural Codes-that person must bring it into court. This simple and elementary provision really gives rise to the important implication that even if a person has an objection to handing over the document for use in evidence, he must bring it into court. The physical production of the document is obligatory.

Whether the objection to its legal production is on the ground that the document has no relevance to the suit or proceeding or whether it is on the ground that the document, though relevant, is inadmissible by virtue of a statutory bar, it is not for the person summoned to determine that objection for himself. Only the Court will decide the objection to "production" in this sense. Production in the physical sense is mandatory on the person called upon to do so by the Court.

Governmental Privilege in Evidence - Sections 123, 124 and 162 of the Indian Evidence Act, 1872 and Articles 74 and 163 of the Constitution Back

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