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Law · Q21

Indian Evidence Act

Graduate and Post Graduate · Law · question 21

Q21

When a person summoned to produce a document and he produces a document then

A.
He becomes a witness
B.
He is cross-examined by both the parties
C.
He is cross-examined with the permission of the court
D.
He does not become a witness and cannot be cross examined unless and until he is called as a witness
Answer

Answer: Option D

Solution

Answer: Option D
Solution:
The correct answer is Option D: He does not become a witness and cannot be cross-examined unless and until he is called as a witness.

Let's break down why:

Imagine someone is asked by the court to bring a specific document. This is called being summoned to produce a document.

Option A is incorrect: Simply handing over a document doesn't automatically make them a witness. A witness gives testimony under oath.

Options B and C are incorrect: Cross-examination is when lawyers question a witness to test the truth of their statements. If the person isn't a witness, they can't be cross-examined yet.

Option D is correct: The person is only acting as a document provider, fulfilling a court order.

Important point: They only become a witness if one of the parties (or the court) decides to call them as a witness to explain or verify the document. Only then can they be questioned (including cross-examined).