Section 139 of the Indian Evidence Act, 1872


A witness summoned to produce a document cannot be a witness for the purpose of cross-examination. He may either produce the document personally or may depute any person to produce the document. Under section 139 such witness can be cross-examined only when he is called as witness. An accused cannot be compelled to produce document in his possession. Where wife of a partner was called upon to produce the deed of dissolution of the firm she was not permitted to be examined as a witness. The summon to produce a document in English law is called sub poenaduces tecum, Omission to produce a document is an offence under section 175 of the Indian Penal Code.

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