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BSA · Section 135 · Chapter IX — OF WITNESSES

Production of title-deeds of witness not a party.

What this section does

A witness who is not a party to a suit cannot be compelled to produce his title-deeds to property, documents by virtue of which he holds property as pledgee or mortgagee, or any document whose production might tend to criminate him. This protection applies unless he has agreed in writing to produce them with the person seeking production or someone through whom that person claims.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

The rule in one line

A non-party witness is privileged from producing his title-deeds, pledge/mortgage documents, or self-incriminating documents unless he has agreed in writing to do so.

When it applies

  • A third-party witness cannot be forced to produce the title deed of his house merely because it is relevant to a property dispute between the parties.
  • A mortgagee witness cannot be compelled to produce the mortgage deed unless he has given written consent to the mortgagor seeking its production.
Old-law correspondence

Derived from IEA s.130.

Read the official text

For the binding statutory text of BSA Section 135, refer to the Gazette of India or the India Code official website.

Why this matters

BSA Section 135 forms part of Bharatiya Sakshya Adhiniyam which replaced the Indian Evidence Act 1872 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.