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

What this section does

No person can be compelled to produce documents in his possession or electronic records under his control if another person, were they in possession or control of those materials, would be entitled to refuse production. The exception is where that other person consents to the production.

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

The rule in one line

The privilege to refuse production of documents or electronic records travels with the material — a holder cannot be compelled to produce what the privileged owner could refuse to produce.

When it applies

• A bank holding a client's confidential documents cannot be compelled to produce them if the client himself could have refused production on grounds of privilege.
• An agent in possession of his principal's privileged correspondence cannot be forced to produce it without the principal's consent.

Derived from IEA s.131.