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Writer's pictureAdv. Darpan Magon

Section 133 BSA to Section 138 BSA|Section 134 BSA| Section 135 BSA|Section 136 BSA| Section 137 BSA

Section 133 BSA| Bharatiya Sakshya Adhiniyam, 2023


Privilege not waived by volunteering evidence.


If any party to a suit gives evidence therein at his own instance or otherwise, he shall not be deemed to have consented thereby to such disclosure as is mentioned in section 132; and, if any party to a suit or proceeding calls any such advocate, as a witness, he shall be deemed to have consented to such disclosure only if he questions such advocate, on matters which, but for such question, he would not be at liberty to disclose.


Section 134 BSA | Bharatiya Sakshya Adhiniyam, 2023.


Confidential communication with legal advisers.


No one shall be compelled to disclose to the Court any confidential communication which has taken place between him and his legal adviser, unless he offers himself as a witness, in which case he may be compelled to disclose any such communications as may appear to the Court necessary to be known in order to explain any evidence which he has given, but no others.


Section 135 BSA | Bharatiya Sakshya Adhiniyam, 2023


Production of title-deeds of witness not a party.


No witness who is not a party to a suit shall be compelled to produce his title-deeds to any property, or any document in virtue of which he holds any property as pledgee or mortgagee or any document the production of which might tend to criminate him, unless he has agreed in writing to produce them with the person seeking the production of such deeds or some person through whom he claims.


Section 136 BSA | Bharatiya Sakshya Adhiniyam, 2023


Production of documents or electronic records which another person, having possession, could refuse to produce.


No one shall be compelled to produce documents in his possession or electronic records under his control, which any other person would be entitled to refuse to produce if they were in his possession or control, unless such last-mentioned person consents to their production.


Section 137 BSA | Bharatiya Sakshya Adhiniyam, 2023


Witness not excused from answering on ground that answer will criminate.


A witness shall not be excused from answering any question as to any matter relevant to the matter in issue in any suit or in any civil or criminal proceeding, upon the ground that the answer to such question will criminate, or may tend directly or indirectly to criminate, such witness, or that it will expose, or tend directly or indirectly to expose, such witness to a penalty or forfeiture of any kind:


Provided that no such answer, which a witness shall be compelled to give, shall subject him to any arrest or prosecution, or be proved against him in any criminal proceeding, except a prosecution forgiving false evidence by such answer.


Section 138 BSA | Bharatiya Sakshya Adhiniyam, 2023


Accomplice.


An accomplice shall be a competent witness against an accused person; and a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice.



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