A is summoned by Court to produce a particular document. Which one of

A is summoned by Court to produce a particular document. Which one of the following is correct in relation to his examination?

[amp_mcq option1=”He becomes a witness in the case.” option2=”He cannot be cross-examined.” option3=”He can be cross-examined.” option4=”He becomes a witness so he can be called for examination-in-chief and cross-examination.” correct=”option2″]

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UPSC CISF-AC-EXE – 2019

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The correct option is B) He cannot be cross-examined.

Section 139 of the Indian Evidence Act, 1872 explicitly states: “A person summoned to produce a document does not, by the mere fact that he produces it, become a witness, and cannot be cross-examined unless he is called as a witness.”

Simply producing a document in court does not make the person a witness for the purpose of examination-in-chief or cross-examination regarding the facts of the case. They are merely fulfilling a court order to present a specific document. Only if the party calling for the document decides to call this person to testify as a witness on other matters can they then be examined and potentially cross-examined.

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