Cross-examination of person called to produce a document.

What this section does

A person summoned merely to produce a document does not thereby become a witness and cannot be cross-examined solely by virtue of producing the document. Cross-examination is permissible only if and when that person is formally called as a witness.

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

The rule in one line

Production of a document pursuant to a summons does not make the producer a witness liable to cross-examination.

When it applies

• A bank officer summoned to produce account statements cannot be cross-examined unless the party calling him also calls him as a witness.
• A record-keeper who hands over official files in court remains immune from cross-examination unless formally sworn in as a witness.

Derived from IEA s.139.